Anderson v. Cook et al, No. 3:2016cv00304 - Document 11 (E.D. Ark. 2017)

Court Description: ORDER adopting 10 Proposed Findings and Recommendations in their entirety. Plaintiff's complaint against defendants is dismissed without prejudice, for failure to state a claim upon which relief may be granted. Dismissal of this action const itutes a "strike". The Court certifies that an in forma pauperis appeal from this Order and accompanying Judgment would not be taken in good faith. An appropriate Judgment shall accompany this Order. Signed by Judge James M. Moody Jr. on 1/24/2017. (jak)
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Anderson v. Cook et al Doc. 11 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION CLARENCE ANDERSON, ADC #165441 v. PLAINTIFF 3:16CV00304-JM-JTK JOHNATHAN COOK, 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 this Order and accompanying 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 24th day of January, 2017. _________________________________ JAMES M. MOODY, JR. UNITED STATES DISTRICT JUDGE 1 Dockets.Justia.com