Allen v. USA et al, No. 4:2016cv00484 - Document 37 (E.D. Ark. 2017)
Court Description: ORDER Adopting 34 Proposed Findings and Recommendations. Plaintiff's complaint is dismissed without prejudice for failure to state a claim upon which relief may be granted. This dismissal counts as a "strike" for purposes of 28 U.S.C. § 1915(g). 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 James M. Moody Jr. on 5/9/2017. (mcz)
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Allen v. USA et al Doc. 37 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS LITTLE ROCK DIVISION SHAUN C. ALLEN ADC #158525 V. PLAINTIFF NO: 4:16CV00484 JM/PSH USA et al DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Patricia S. Harris. No objections have been filed. After careful consideration, the Court concludes that the Proposed Findings and Recommended Disposition 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. Plaintiff’s complaint is DISMISSED WITHOUT PREJUDICE for failure to state a claim upon which relief may be granted. 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. DATED this 9th day of May, 2017. UNITED STATES DISTRICT JUDGE Dockets.Justia.com
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