Miller v. Robinson et al
Filing
5
ORDER approving and adopting in their entirety as this Court's findings in all respects 4 Proposed Findings and Recommendations; dismissing Plaintiff's 2 complaint without prejudice for failure to state a claim; finding that dismissal of this action counts as a "strike"; and certifying that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Kristine G. Baker on 01/06/2016. (rhm)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
SANTEZ MILLER
ADC #161473
v.
PLAINTIFF
Case No. 5:15-cv-00291-KGB/JJV
GERALD ROBINSON, Sheriff,
Dub Brassell Detention Center, et al.
DEFENDANTS
ORDER
The Court has reviewed the Proposed Findings and Recommendations submitted by
United States Magistrate Judge Joe J. Volpe (Dkt. No. 4). No objections have been filed, and the
time for filing objections has passed. After careful consideration, the Court concludes that the
Proposed Findings and Recommendations should be, and hereby are, approved and adopted in
their entirety as this Court’s findings in all respects.
It is therefore ordered that:
1.
Plaintiff’s complaint is dismissed without prejudice for failure to state a claim
upon which relief may be granted (Dkt. No. 2).
2.
Dismissal of this action counts as a “strike” for purposes of 28 U.S.C. § 1915(g).
3.
The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis
appeal from this Order would not be taken in good faith.
Dated this 6th day of January, 2016.
____________________________________
Kristine G. Baker
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?