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Allen v. Traylar

United States District Court, E.D. Arkansas, Western Division

July 17, 2015

JOSHUA L. ALLEN, Plaintiff,
v.
J. TRAYLAR, Deputy, Saline County Sheriff's Office, et al., Defendants.

ORDER

SUSAN WEBBER WRIGHT, 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. Plaintiff may refile this federal action after his state criminal proceeding, including any appeal, is concluded.

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.

IT IS SO ORDERED.


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