Layne v. Evans et al, No. 5:2015cv00195 - Document 5 (E.D. Ark. 2015)

Court Description: ORDER ADOPTING 4 Proposed Findings and Recommendations. Plaintiff's 2 Complaint is DISMISSED without prejudice 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 James M. Moody Jr. on 8/17/2015. (mcz)

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Layne v. Evans et al Doc. 5 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION SHANE C. LAYNE, ADC # 149950 v. PLAINTIFF 5:15CV00195-JM MARVIN EVANS, Assistant Director, Arkansas Department of Correction; et al. DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe. 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 (Doc. No. 2) is 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 would not be taken in good faith. DATED this 17th day of August, 2015. _______________________________________ JAMES M. MOODY, JR. UNITED STATES DISTRICT JUDGE 1 Dockets.Justia.com

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