Givens v. Byrd et al, No. 4:2011cv00472 - Document 16 (E.D. Ark. 2011)
Court Description: ORDER adopting in their entirety 14 Proposed Findings and Recommendations; dismissing Plaintiff's Complaint against Defendants for failure to state a claim; and, certifying 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). Signed by Judge Billy Roy Wilson on 10/13/2011. (dmn)
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Givens v. Byrd et al Doc. 16 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION TURRELLE DANNAIL GIVENS v. PLAINTIFF 4:11-cv-00472-BRW KARL BYRD, 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. IT IS, THEREFORE, ORDERED that: 1. Plaintiff’s Complaint against Defendants is DISMISSED for failure to state a claim; and 2. 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 an Order and 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 13th day of October, 2011. /s/Billy Roy Wilson UNITED STATES DISTRICT JUDGE Dockets.Justia.com
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