Gilbert v. Graham et al, No. 2:2017cv00082 - Document 9 (E.D. Ark. 2017)

Court Description: ORDER Adopting 8 Proposed Findings and Recommendations. Plaintiff's original and amended complaints are dismissed as frivolous, and for failure to state a claim upon which relief may be granted. Dismissal of this action constitutes a "st rike" within the meaning of the Prison Litigation Reform Act. The Court certifies that an in forma pauperis appeal from an Order and Judgment dismissing this action would not be taken in good faith. Signed by Judge James M. Moody Jr. on 7/12/2017. (mcz)
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Gilbert v. Graham et al Doc. 9 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION STEWART GILBERT, ADC #121590 v. PLAINTIFF 2:17CV00082-JM-JTK JIMMY GRAHAM, et al. DEFENDANTS ORDER The Court has received proposed findings and recommendations from United States Magistrate Judge Jerome T. Kearney. There have been no objections. After a review of those proposed findings and recommendations, the Court adopts them in their entirety. Accordingly, IT IS, THEREFORE, ORDERED that: 1. Plaintiff=s Original and Amended Complaints against Defendants are DISMISSED, as frivolous, and for failure to state a claim upon which relief may be granted. 2. Dismissal of this action constitutes a Astrike@ within the meaning of the Prison Litigation Reform Act (PLRA), 28 U.S.C. ' 1915(g). 3. The Court certifies that an in forma pauperis appeal from an Order and Judgment dismissing this action would not be taken in good faith, pursuant to 28 U.S.C. ' 1915(a)(3). An appropriate Judgment shall accompany this Order. IT IS SO ORDERED this 12th day of July, 2017. ______________________________________ JAMES M. MOODY, JR. UNITED STATES DISTRICT JUDGE Dockets.Justia.com