Whitt v Banks et al

Filing 13

ORDER ADOPTING 11 Proposed Findings and Recommended Disposition. Plaintiff's Complaint is DISMISSED WITHOUT PREJUDICE for failure to state a claim upon which relief may be granted. This dismissal counts as a "strike" for purposes of 28 U.S.C. § 1915(g). The Court certifies that an in forma pauperis appeal taken from the order and judgment dismissing this action is considered frivolous and not in good faith. Plaintiff's 8 Motion to preserve evidence is DENIED AS MOOT. Signed by Judge James M. Moody Jr. on 11/19/2015. (mcz)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
GREGORY K. WHITT
ADC #158938
V.

PLAINTIFF

NO: 5:15CV00301 JM

JAMES BANKS et al

DEFENDANTS

ORDER
The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge Patricia S. Harris, and the objection filed by Plaintiff. After
carefully considering the objections and making a de novo review of the record in this case,
including the forty-eight page complaint (Docket No. 1) and the addendum (Docket No. 7), the
Court concludes that the Proposed Findings and Recommended Disposition 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.
2.

This dismissal counts as a “strike” for purposes of 28 U.S.C. § 1915(g).

3.

The Court certifies that an in forma pauperis appeal taken from the order and

judgment dismissing this action is considered frivolous and not in good faith.
4.

Plaintiff’s motion to preserve evidence (docket entry 8) is DENIED AS MOOT.

DATED this 19th day of November, 2015.

UNITED STATES DISTRICT JUDGE