Rodgers v. Derrick et al, No. 4:2017cv00469 - Document 12 (E.D. Ark. 2017)

Court Description: ORDER approving and adopting 10 Proposed Findings and Recommendations in its entirety as this Court's findings in all respects; and dismissing without prejudice 1 Plaintiff's complaint for failure to state a claim upon which relief may be granted. Dismissal of this action counts as a "strike" for purposes of 28 U.S.C. § 1915(g). The Court certifies that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Susan Webber Wright on 10/23/2017. (cmn)
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Rodgers v. Derrick et al Doc. 12 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION JAMES RYAN RODGERS ADC#166943 V. PLAINTIFF NO: 4:17-cv-00469-SWW DERRICK, Judge, White County, Arkansas; et al. DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Recommendation submitted by United States Magistrate Judge Joe J. Volpe and the filed objections. After conducting a de novo review of the record, the Court concludes that the Proposed Findings and Recommendations should be, and hereby are, approved and adopted in its entirety as this Court's findings in all respects. IT IS THEREFORE ORDERED that: 1. Plaintiff’s complaint (Doc. No. 1) be DISMISSED WITHOUT PREJUDICE for failure to state a claim upon which relief may be granted. 2. Dismissal of this action counts as a “strike” for purposes of 28 U.S.C. § 1915(g). 3. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order adopting the Magistrate Judge’s Proposed Findings and Recommendations would not be taken in good faith. DATED this 23rd day of October, 2017. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE Dockets.Justia.com