Vann v. Smith et al
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)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
L. SMITH, Corporal,
Cummins Unit; et. al.
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
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