May v. Ridgell

Filing 19

ORDER ADOPTING 14 Proposed Findings and Recommendations. Defendant's 10 Motion to Dismiss is GRANTED, and this cause of action is DISMISSED with prejudice. The Court certifies that an in forma pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith. Dismissal of this action counts as a strike for purposes of 28 U.S.C. § 1915(g). Signed by Judge James M. Moody Jr. on 8/11/2016. (mcz)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JAMES CLAYTON MAY
ADC# 137749
v.

PLAINTIFF

5:16-cv-00168-JM

KEVIN DEMON RIDGELL,
Correctional Sergeant, Dermott Unit,
Arkansas Department of Correction

DEFENDANT
ORDER

The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge Joe J. Volpe and Plaintiff’s Objections. After carefully
considering the objections and making a de novo review of the record, 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.

Defendant’s Motion to Dismiss (Doc. No. 10) is GRANTED and this cause of action

is DISMISSED with prejudice.
2.

The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis

appeal from this Order and the accompanying Judgment would not be taken in good faith.
3.

Dismissal of this action counts as a “strike” for purposes of 28 U.S.C.

§ 1915(g).
DATED this 11th day of August, 2016.

_______________________________________
JAMES M. MOODY, JR.
UNITED STATES DISTRICT JUDGE

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