Wiggins v. Kelly et al, No. 5:2015cv00221 - Document 13 (E.D. Ark. 2015)
Court Description: ORDER Adopting 12 Proposed Findings and Recommendations. Plaintiff's 1 Complaint is DISMISSED WITH 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. All pending motions are DENIED AS MOOT. Signed by Judge James M. Moody Jr. on 8/18/2015. (mcz)
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Wiggins v. Kelly et al Doc. 13 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION DEVAN D. WIGGINS ADC #156573 V. PLAINTIFF NO: 5:15CV00221 JM WENDY KELLY, et al DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Jerry W. Cavaneau. 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 WITH 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. 4. All pending motions are DENIED AS MOOT. DATED this 18th day of August, 2015. UNITED STATES DISTRICT JUDGE Dockets.Justia.com
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