Plunkett v. Rorex et al, No. 3:2017cv00044 - Document 8 (E.D. Ark. 2017)

Court Description: ORDER adopting 5 Proposed Findings and Recommendations in their entirety. Accordingly, Plaintiff's Complaint/Amended Complaint against Defendants is dismissed with prejudice, for failure to state a claim upon which relief may be granted. [7 ] Motion for Discovery is moot. This dismissal constitutes as strike within 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, pursuant to 28 U.S.C. § 1915 (a)(3). An appropriate Judgment shall accompany this Order. Signed by Judge James M. Moody Jr. on 5/3/2017. (jak)

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Plunkett v. Rorex et al Doc. 8 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION JAMES R. PLUNKETT V. PLAINTIFF 3:17CV00044-JM-JTK STEVE ROREX, et al. DEFENDANTS 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 objections1 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. Plaintiff’s Complaint/Amended Complaint against Defendants is DISMISSED with prejudice, for failure to state a claim upon which relief may be granted. 2. Plaintiff’s Motion for Discovery (ECF No. 7) is MOOT. 3. This dismissal constitutes as strike within the meaning of the PLRA. 4. 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(a)(3). 1 Plaintiff has filed two pleadings (ECF Nos. 6 and 7) since the Proposed Findings and Recommendations were filed. The Court deems ECF No. 6 to be an objection because Plaintiff gives more information about the grievances which are the subject of his Complaint and Amended Complaint. ECF No. 7 is a motion for discovery which is moot. 1 Dockets.Justia.com An appropriate Judgment shall accompany this Order. IT IS SO ORDERED this 3rd day of May, 2017. ____________________________________ JAMES M. MOODY, JR. UNITED STATES DISTRICT JUDGE 2

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