Swink v. Kaggle, No. 3:2015cv00405 - Document 11 (E.D. Ark. 2016)

Court Description: ORDER adopting the 5 Proposed Findings and Recommendations in all respects. This case is dismissed without prejudice for failing to state a claim upon which relief may be granted. Dismissal constitutes a "strike". It is certified that an in forma pauperis appeal from this Order would not be taken in good faith. All pending motions are denied as moot, 7 & 10 . Signed by Judge Kristine G. Baker on 2/3/2016. (jak)

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Swink v. Kaggle Doc. 11 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION ERIC SWINK, ADC #161772 v. PLAINTIFF Case No. 3:15-cv-405 KGB/JJV BLAIN KAGGLE, Jailer, Greene County Jail DEFENDANT ORDER The Court has reviewed the Proposed Findings and Recommendations submitted by United States Magistrate Judge Joe J. Volpe (Dkt. No. 5). No objections have been filed, and the time for filing objections has passed. 1 After careful review, the Proposed Findings and Recommendations are approved and adopted in their entirety as this Court’s findings in all respects. It is therefore ordered that: 1. This case is dismissed without prejudice for failing to state a claim upon which relief may be granted. 2. Dismissal constitutes a strike, as defined by 28 U.S.C. § 1915(g). 3. It is certified, 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. 1 Plaintiff Eric Swink has filed two motions since Magistrate Volpe entered the Proposed Findings and Recommendations (Dkt. Nos. 7, 10). Neither filing objects to the Proposed Findings and Recommendations. Dockets.Justia.com 4. All pending motions are denied as moot (Dkt. Nos. 7, 10). Dated this 3rd day of February, 2016. ____________________________________ Kristine G. Baker United States District Judge 2

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