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Miller v. Mainard

United States District Court, E.D. Arkansas, Pine Bluff Division

February 2, 2015

KEITH E. MILLER, ADC # 144926, Plaintiff,
v.
GAIL MAINARD, Construction Engineer, Arkansas Department of Correction, et al., Defendants.

ORDER

BILLY ROY WILSON, District Judge.

The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe and Plaintiff's objections. After carefully considering the objections and making a de novo review of the record, 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. Plaintiff's Motion for Leave to Proceed In Forma Pauperis (Doc. No. 8) is DENIED.

3. Dismissal of this action counts as a "strike" for purposes of 28 U.S.C. § 1915(g);

4. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith.

SO ORDERED.


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