Clark v. Norris, No. 5:2014cv00449 - Document 8 (E.D. Ark. 2015)

Court Description: ORDER ADOPTING 6 PROPOSED FINDINGS AND RECOMMENDATIONS in their entirety as this Court's findings in all respects; dismissing 2 Mr. Clark's complaint without prejudice for failure to state a claim; finding that dismissal of this action 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 04/22/2015. (rhm)

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Clark v. Norris Doc. 8 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION RONALD CLARK ADC #101466 v. PLAINTIFF Case No. 5:14-cv-00449-KGB-JJV LARRY NORRIS, Interim Director, Arkansas Department of Correction DEFENDANT ORDER The Court has reviewed the Proposed Findings and Recommendations submitted by United States Magistrate Judge Joe J. Volpe (Dkt. No. 6) and plaintiff Ronald Clark’s objections (Dkt. No. 7). After carefully considering the objections and making 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 their entirety as this Court’s findings in all respects. The Court notes that, in his objections, Mr. Clark appears to seek permission to amend his complaint. There is no proposed amended complaint attached to Mr. Clark’s objections. For this reason, and because it is unclear to the Court what amendment Mr. Clark intended to propose and whether such an amendment would be proper, the Court denies his request to amend his complaint at this time. The Court dismisses this action without prejudice for the reasons set forth in the Proposed Findings and Recommendations. It is therefore ordered that: 1. Mr. Clark’s complaint is dismissed without prejudice for failure to state a claim upon which relief may be granted (Dkt. No. 2). 2. Dismissal of this action counts as a “strike” for purposes of 28 U.S.C. § 1915(g). Dockets.Justia.com 3. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order adopting the Proposed Findings and Recommendations would not be taken in good faith. SO ORDERED this the 22nd day of April, 2015. ________________________________ KRISTINE G. BAKER UNITED STATES DISTRICT JUDGE 2

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