Berryman v. Allison et al, No. 2:2017cv00201 - Document 11 (E.D. Ark. 2018)
Court Description: ORDER adopting 10 Proposed Findings and Recommendations in their entirety as this Court's findings in all respects; dismissing without prejudice 2 , 7 Plaintiff Michael Ray Berryman's complaint for failure to state a claim for relief; counting the dismissal of this action as a "strike"; and certifying that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Kristine G. Baker on 6/25/2018. (cmn)
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Berryman v. Allison et al Doc. 11 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION MICHAEL RAY BERRYMAN, ADC #660070 v. PLAINTIFF Case No. 2:17-cv-00201-KGB TYRONE ALLISON, et al. DEFENDANTS ORDER Before the Court are Proposed Findings and Recommendations filed by United States Magistrate Judge Jerome T. Kearney (Dkt. No. 10). No objections to the Proposed Findings and Recommendations have been filed, and the time for filing objections has passed. After review, this Court adopts the Proposed Findings and Recommendations in their entirety as this Court’s findings in all respects. Plaintiff Michael Ray Berryman’s complaint is hereby dismissed without prejudice for failure to state a claim for relief (Dkt. Nos. 2, 7). Dismissal of this action constitutes a “strike” within the meaning of the Prison Litigation Reform Act (“PLRA”), 28 U.S.C. § 1915(g). The Court certifies that an in forma pauperis appeal from this Order would not be taken in good faith pursuant to 28 U.S.C. § 1915(a)(3). So ordered this 25th day of June, 2018. _______________________________ Kristine G. Baker United States District Judge Dockets.Justia.com
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