Olivarez v. Brown et al, No. 5:2016cv00241 - Document 11 (E.D. Ark. 2016)
Court Description: ORDER ADOPTING 9 the proposed findings and recommendations; and dismissing, without prejudice, 2 Olivarez's complaint for failure to state a claim. Dismissal of this action counts as a "strike" for purposes of 28 U.S.C. § 1915(g), and an in forma pauperis appeal, pursuant to 28 U.S.C. § 1915(a)(3), would not be taken in good faith. This case is dismissed. Signed by Chief Judge Brian S. Miller on 9/27/2016. (kdr)
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Olivarez v. Brown et al Doc. 11 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION LARRY OLIVAREZ ADC # 146983 v. PLAINTIFF CASE NO. 5:16-CV-00241 BSM RODNEY D. BROWN, Correctional Property Sergeant, et al., DEFENDANTS ORDER The proposed findings and recommendations submitted by United States Magistrate Judge Joe J. Volpe [Doc. No. 9] and plaintiff Larry Olivarez’s objections [Doc. No. 10] have been reviewed. After de novo review, the proposed findings and recommendations are adopted in their entirety. Accordingly, Olivarez’s complaint is dismissed without prejudice for failure to state a claim. Dismissal of this action counts as a “strike” for purposes of 28 U.S.C. § 1915(g), and an in forma pauperis appeal, pursuant to 28 U.S.C. § 1915(a)(3), would not be taken in good faith. This case is dismissed. IT IS SO ORDERED this 27th day of September 2016. ________________________________ UNITED STATES DISTRICT JUDGE Dockets.Justia.com
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