Chapple v. Petty et al, No. 3:2015cv00194 - Document 5 (E.D. Ark. 2015)

Court Description: ORDER adopting 4 Proposed Findings and Recommendations in their entirety as this Court's findings in all respects. The court dismisses without prejudice plaintiff Bobby Chapple's complaint for failure to state a claim upon which relief may be granted. This dismissal counts as a "strike". The Court certifies that an in forma pauperis appeal taken from the Order and Judgment dismissing this action is considered frivolous and not in good faith. Signed by Judge Kristine G. Baker on 7/29/2015. (jak)

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Chapple v. Petty et al Doc. 5 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION BOBBY CHAPPLE v. PLAINTIFF Case No. 3:15-cv-00194 KGB BRANDON PETTY, et al. DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Recommendations submitted by United States Magistrate Judge Jerry W. Cavaneau (Dkt. No. 4). No objections have been filed, and the time for filing objections has passed. After careful consideration, the Court concludes that the Proposed Findings and Recommendations 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. The Court dismisses without prejudice plaintiff Bobby Chapple’s complaint for failure to state a claim upon which relief may be granted (Dkt. No. 1). 2. This dismissal counts as a “strike” for purposes of 28 U.S.C. § 1915(g). 3. The Court certifies that an in forma pauperis appeal taken from the Order and Judgment dismissing this action is considered frivolous and not in good faith. SO ORDERED this 29th day of July, 2015. KRISTINE G. BAKER UNITED STATES DISTRICT JUDGE Dockets.Justia.com

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