Vann v. Smith et al

Filing 10

ORDER approving and adopting the 4 Proposed Findings and Recommended Disposition in their entirety; dismissing Plaintiff's 2 Complaint without prejudice for failure to state a claim upon which relief may be granted; denying all other pending motions as moot; finding that dismissal of this action counts as a strike; and certifying that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Billy Roy Wilson on 03/13/2017. (rhm)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION CORNELIUS VANN ADC #149251 VS. PLAINTIFF 5:17CV00032-BRW L. SMITH, Corporal, Cummins Unit; et. al. DEFENDANTS ORDER I have 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, I approve and adopt the Proposed Findings and Recommended Disposition in their entirety. Accordingly, Plaintiff’s Complaint (Doc. No. 2) is DISMISSED without prejudice for failure to state a claim upon which relief may be granted. All other pending motions (Doc. Nos. 7, 8, 9) are DENIED as MOOT. Dismissal of this action counts as a “strike” for purposes of 28 U.S.C. § 1915(g). I 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. IT SO ORDERED this 13th day of March, 2017. /s/ Billy Roy Wilson UNITED STATES DISTRICT JUDGE 1

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