Autry v. Yancy et al, No. 1:2017cv00058 - Document 8 (E.D. Ark. 2017)

Court Description: ORDER adopting in their entirety 7 the proposed findings and recommendations; dismissing, without prejudice, 5 Autry's amended complaint for failure to state a claim upon which relief may be grated. Dismissal of this action counts as a "strike." Furthermore, it is certified that an in forma pauperis appeal would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 10/10/2017. (kdr)
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Autry v. Yancy et al Doc. 8 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION SHELBY JAY AUTRY v. PLAINTIFF CASE NO. 1:17-CV-00058 BSM JACK YANCY, et al. DEFENDANTS ORDER The proposed findings and recommendations [Doc. No. 7] submitted by United States Magistrate Judge Jerome T. Kearney have been received. Plaintiff Shelby Jay Autry has not submitted objections. After a careful review of the record, the proposed findings and recommendations are adopted in their entirety. Accordingly, Autry’s amended complaint [Doc. No. 5] is dismissed without prejudice for failure to state a claim upon which relief may be granted. Dismissal of this action counts as a “strike” for purposes of 28 U.S.C. Section 1915(g). Furthermore, it is certified that an in forma pauperis appeal would not be taken in good faith. See 28 U.S.C. § 1915(a)(3). IT IS SO ORDERED this 10th day of October 2017. UNITED STATES DISTRICT JUDGE Dockets.Justia.com