United States District Court, Eastern District of Arkansas, Pine Bluff Division
November 6, 2014
JOSEPH MUCHERSON, ADC # 129908 PLAINTIFF
SHARON WILLIAMS, Captain, Varner Unit Penitentiary DEFENDANT
The proposed findings and recommended disposition submitted by United States Magistrate Judge Joe J. Volpe have been received, along with the objections thereto. After carefully considering the objections and making a de novo review of the record, it is concluded that the proposed findings and recommended disposition should be, and hereby are, approved and adopted in their entirety in all respects.
IT IS, THEREFORE, ORDERED that:
1. Plaintiffs cause of action is dismissed without prejudice for failure to state a claim upon which relief may be granted.
2. Dismissal of this action constitutes a "strike" within the meaning of the Prison Litigation Reform Act, 28 U.S.C. § 1915(g).
3. It is further certified, 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.