Lee v. Granger et al, No. 2:2017cv00200 - Document 28 (E.D. Ark. 2018)

Court Description: ORDER Adopting 25 Proposed Findings and Recommendations. Defendant's 17 Motion to Dismiss is granted. Plaintiff's Complaint Defendant is dismissed with prejudice for failure to state a claim upon which relief may be granted. This dis missal is considered a "strike" within the meaning of the Prison Litigation Reform Act (PLRA). The Court certifies that an in forma pauperis appeal from an Order and Judgment dismissing this action will not be taken in good faith. Signed by Judge James M. Moody Jr. on 3/19/2018. (mcz)

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Lee v. Granger et al Doc. 28 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION TERRY ANTONIO LEE, ADC #120960 v. PLAINTIFF 2:17CV00200-JM-JTK AMANDA GRANGER DEFENDANT ORDER The Court has received proposed findings and recommendations from United States Magistrate Judge Jerome T. Kearney. After a review of those proposed findings and recommendations, and the timely objections received thereto, as well as a de novo review of the record, the Court adopts them in their entirety. Accordingly, IT IS, THEREFORE, ORDERED that: 1. Defendant’s Motion to Dismiss (Doc. No. 17) is GRANTED. 2. Plaintiff=s Complaint against Defendant is DISMISSED with prejudice for failure to state a claim upon which relief may be granted. 3 This dismissal is considered a Astrike@ within the meaning of the Prison Litigation Reform Act (PLRA), 28 U.S.C. ' 1915(g). 4. The Court certifies that an in forma pauperis appeal from an Order and Judgment dismissing this action will not be taken in good faith. 28 U.S.C. ' 1915(a)(3). An appropriate Judgment shall accompany this Order. IT IS SO ORDERED this 19th day of March, 2018. ______________________________________ JAMES M. MOODY, JR. UNITED STATES DISTRICT JUDGE Dockets.Justia.com

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