Ballard v. Sims et al

Filing 7

ORDER approving and adopting in their entirety the 6 Proposed Findings and Recommended Disposition as this Court's findings in all respects; dismissing plaintiff's 2 Complaint for failure to state a claim on which relief may be granted ; and certifying that an in forma pauperis appeal from this Order would not be taken in good faith. This dismissal constitutes a "strike" within the meaning of the Prison Litigation Reform Act (PLRA), 28 U.S.C. § 1915(g). Signed by Judge J. Leon Holmes on 9/19/2016. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JONATHAN B. BALLARD,
ADC # 146466
v.

PLAINTIFF

No. 5:16CV00260-JLH

SHONDRA SIMS, Department Head,
Randall L. Williams Unit; et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Recommended Disposition submitted by
United States Magistrate Judge Joe J. Volpe. No objections have been filed. After careful
consideration, 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 for failure to state a claim on which relief may

be granted.
2.

This dismissal constitutes a “strike” within the meaning of the Prison Litigation

Reform Act (PLRA), 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.
SO ORDERED this 19th day of September, 2016.

__________________________________
J. LEON HOLMES
UNITED STATES DISTRICT JUDGE