Collins v. Musselwhite et al, No. 3:2020cv00139 - Document 20 (E.D. Ark. 2020)

Court Description: ORDER adopting 17 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 constit utes a "strike" and the Court certifies that an in forma pauperis appeal from an Order and Judgment dismissing this action would not be taken in good faith. 5 Motion for preliminary injunctive relief is denied. Signed by Judge James M. Moody Jr. on 8/20/2020. (jak)

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Collins v. Musselwhite et al Doc. 20 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION TYRONE COLLINS, ADC #111854 v. PLAINTIFF 3:20CV00139-JM-JTK GARY MUSSELWHITE, 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 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. 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 an Order and Judgment dismissing this action would not be taken in good faith, pursuant to 28 U.S.C. § 1915(a)(3). 4. Plaintiff’s Motion for Preliminary Injunctive Relief (Doc. No. 5) is DENIED. An appropriate Judgment shall accompany this Order. 1 Dockets.Justia.com IT IS SO ORDERED this 20th day of August, 2020. _________________________________ JAMES M. MOODY, JR. UNITED STATES DISTRICT JUDGE 2

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