Morris v. Milgrim et al, No. 1:2015cv00126 - Document 10 (E.D. Ark. 2016)

Court Description: ORDER approving and adopting 6 Proposed Findings and Recommendations as this Court's findings in all respects; dismissing this case without prejudice for failure to state a claim upon which relief may be granted; finding that dismissal of this case 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 Kristine G. Baker on 12/08/2016. (rhm)

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Morris v. Milgrim et al Doc. 10 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION MARK MORRIS, ADC #156949 v. PLAINTIFF Case No. 1:15-cv-00126-KGB-JJV MILGRIM, Sergeant, Grimes Unit, et al. DEFENDANTS ORDER The Court has received Proposed Findings and Recommendations filed by United States Magistrate Judge Joe J. Volpe (Dkt. No. 6). Plaintiff Mark Morris has objected to the Proposed Findings and Recommendations (Dkt. No. 7). After careful review of the Proposed Findings and Recommendations, the objections, and a de novo review of the record, the Court concludes that the Proposed Findings and Recommendations should be, and hereby are, approved and adopted as this Court’s findings in all respects. Accordingly, this case is dismissed without prejudice for failure to state a claim upon which relief may be granted. Dismissal of this case counts as a “strike” for purposes of 28 U.S.C. § 1915(g). Additionally, 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 8th day of December, 2016. ________________________________ Kristine G. Baker United States District Court Judge Dockets.Justia.com

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