Addison v. Muse, No. 3:2015cv00133 - Document 7 (E.D. Ark. 2015)

Court Description: ORDER ADOPTING 4 Proposed Findings and Recommendations. Plaintiff's Complaint against Defendants is DISMISSED without prejudice for failure to state a claim upon which relief may be granted. The dismissal counts as a "strike" withi n the meaning of the PLRA. The Court certifies that an in forma pauperis appeal from an Order and Judgment dismissing this action would not be in good faith. Plaintiff's 5 Motion for Leave to Proceed in forma pauperis; and 6 Motion for Discovery are denied as moot. Signed by Judge James M. Moody Jr. on 6/2/2015. (mcz)

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Addison v. Muse Doc. 7 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION NICHOLAS ADDISON v. PLAINTIFF 3:15CV00133-JM-JTK KIM MUSE DEFENDANT 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. This dismissal constitutes a “strike” within the meaning of the PLRA. 3. The Court certifies that an in forma pauperis appeal from an Order and Judgment dismissing this action would not be in good faith, pursuant to 28 U.S.C. § 1915(g). 4. Plaintiff’s motion for leave to proceed in forma pauperis (Docket No. 5) and motion for discovery (Docket No. 6) are denied as moot. An appropriate Judgment shall accompany this Order. IT IS SO ORDERED this 2nd day of June, 2015. ______________________________________ JAMES M. MOODY, JR. UNITED STATES DISTRICT JUDGE 1 Dockets.Justia.com

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