Howard v. Arkansas Department of Correction et al

Filing 7

ORDER adopting the 5 recommended disposition; and dismissing without prejudice Plaintiff Christopher Howard's claims for failure to state a claim upon which relief may be granted. Dismissal of this action constitutes a "strike" within the meaning of the Prison Litigation Reform Act. An in forma pauperis appeal from this order would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 1/21/2016. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
CHRISTOPHER HOWARD,
ADC # 118173
v.

PLAINTIFF

CASE NO. 5:15CV00379 BSM

ARKANSAS DEPARTMENT
OF CORRECTION, et al.

DEFENDANTS
ORDER

The recommended disposition submitted by United States Magistrate Judge Joe J.
Volpe has been reviewed. Plaintiff submitted an objection in which he asked to amend his
complaint. After carefully considering these documents and making a de novo review of the
record, the plaintiff’s request to amend his complaint is denied, and the recommended
disposition is hereby adopted in all respects.
IT IS THEREFORE ORDERED THAT:
1.

Plaintiff Christopher Howard’s claims are dismissed without prejudice for

failure to state a claim upon which relief may be granted.
2.

Dismissal of this action constitutes a “strike” within the meaning of the Prison

Litigation Reform Act (PLRA), 28 U.S.C. § 1915(g).
3.

Pursuant to 28 U.S.C. § 1915(a)(3), an in forma pauperis appeal from this order

would not be taken in good faith.
IT IS SO ORDERED this 21st day of January 2016.

UNITED STATES DISTRICT JUDGE