Smith v. Scott et al
ORDER adopting 6 the proposed findings and recommendation; dismissing 1 plaintiff Brad Smith's complaint, without prejudice, for failure to state a claim. This dismissal constitutes a "strike" for the purposes of 28 U.S.C. section 1915(g), and it is further certified that an in forma pauperis appeal from this order and judgment would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 11/17/2017. (kdr)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
BRAD PAUL SMITH
CASE NO. 5:17-CV-00222 BSM
DEBRA SCOTT, Sergeant,
Delta Regional Unit; et al.
The proposed findings and recommendations [Doc. No. 6] submitted by United
States Magistrate Judge Joe J. Volpe have been received. No objections have been filed.
After careful consideration, the proposed findings and recommendations are adopted in
their entirety. Accordingly, plaintiff Brad Smith’s complaint [Doc. No. 1] is dismissed
without prejudice for failure to state a claim. This dismissal constitutes a “strike” for the
purposes of 28 U.S.C. section 1915(g), and it is further certified that an in forma pauperis
appeal from this order and judgment would not be taken in good faith.
IT IS SO ORDERED this 17th day of November 2017.
UNITED STATES DISTRICT JUDGE
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