Opinion
CASE NO. 4:13CV00068 BSM
04-25-2013
MICHAEL EDWARD ALLEN and MARJORIE LECLAIR PLAINTIFFS v. ESTER BASS, et al. DEFENDANTS
ORDER
The proposed findings and recommended disposition [Doc. No. 6] submitted by United States Magistrate Judge Joe Volpe have been reviewed. No objections have been filed. After careful consideration and a de novo review of the record, it is found that the proposed findings and recommended disposition should be, and hereby are, approved and adopted in their entirety.
IT IS THEREFORE ORDERED THAT:
1. Plaintiffs' complaint is dismissed without prejudice.
2. Dismissal of the complaint constitutes a "strike" within the meaning of the Prison Litigation Reform Act (PLRA), 28 U.S.C. Section 1915(g).
3. It is certified, pursuant to 28 U.S.C. Section 1915(a)(3), that an in forma pauperis appeal would not be taken in good faith.
4. All pending motions are denied as moot.
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UNITED STATES DISTRICT JUDGE