Wilson v. Bashan et al, No. 2:2017cv00174 - Document 8 (E.D. Ark. 2017)

Court Description: ORDER adopting the 7 proposed findings and recommendations in their entirety; dismissing without prejudice Plaintiff's Complaint against Defendants for failure to state a claim upon which relief may be granted; and certifying that an in forma pauperis appeal from an Order and Judgment dismissing this action would not be taken in good faith. Dismissal of this action constitutes a "strike" within the meaning of the Prison Litigation Reform Act (PLRA), 28 U.S.C. § 1915(g). Signed by Judge J. Leon Holmes on 12/21/2017. (ljb)
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Wilson v. Bashan et al Doc. 8 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION JAMES WILSON v. PLAINTIFF 2:17CV00174-JLH-JTK MIKE BASHAN, 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 Complaint against Defendants is DISMISSED without prejudice, for failure to state a claim upon which relief may be granted. 2. Dismissal of this action constitutes a “strike” 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 21st day of December, 2017. __________________________________ J. LEON HOLMES UNITED STATES DISTRICT JUDGE 1 Dockets.Justia.com