Olivarez v. Brown et al

Filing 11

ORDER ADOPTING 9 the proposed findings and recommendations; and dismissing, without prejudice, 2 Olivarez's complaint for failure to state a claim. Dismissal of this action counts as a "strike" for purposes of 28 U.S.C. § 1915(g), and an in forma pauperis appeal, pursuant to 28 U.S.C. § 1915(a)(3), would not be taken in good faith. This case is dismissed. Signed by Chief Judge Brian S. Miller on 9/27/2016. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
LARRY OLIVAREZ
ADC # 146983
v.

PLAINTIFF
CASE NO. 5:16-CV-00241 BSM

RODNEY D. BROWN,
Correctional Property Sergeant, et al.,

DEFENDANTS

ORDER
The proposed findings and recommendations submitted by United States Magistrate
Judge Joe J. Volpe [Doc. No. 9] and plaintiff Larry Olivarez’s objections [Doc. No. 10]
have been reviewed. After de novo review, the proposed findings and recommendations are
adopted in their entirety.
Accordingly, Olivarez’s complaint is dismissed without prejudice for failure to state
a claim. Dismissal of this action counts as a “strike” for purposes of 28 U.S.C. § 1915(g),
and an in forma pauperis appeal, pursuant to 28 U.S.C. § 1915(a)(3), would not be taken in
good faith. This case is dismissed.
IT IS SO ORDERED this 27th day of September 2016.

________________________________
UNITED STATES DISTRICT JUDGE