Cummings v. Bachard et al, No. 2:2017cv00193 - Document 11 (E.D. Ark. 2018)

Court Description: ORDER adopting 10 proposed findings and recommendations in their entirety; dismissing plaintiff's Amended Complaint against Defendants, for failure to state a claim upon which relief may be granted; and certifying that an in forma pauperis ap peal 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 1/26/2018. (ljb)

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Cummings v. Bachard et al Doc. 11 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION JOSHUA CUMMINGS V. PLAINTIFF 2:17CV00193-JLH-JTK MIKE BACHARD, 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 Amended Complaint against Defendants is DISMISSED, 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 26th day of January, 2018. ___________________________________ J. LEON HOLMES UNITED STATES DISTRICT JUDGE 1 Dockets.Justia.com

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