Prevost v. Pico, No. 4:2012cv00291 - Document 9 (E.D. Ark. 2013)
Court Description: ORDER adopting in their entirety 7 Proposed Findings and Recommendations; dismissing Plaintiff's Complaint against Defendant for failure to state a claim upon which relief may be granted; and certifying that an in forma pauperis appeal from an Order and Judgment dismissing this action would not be taken in good faith. Signed by Judge James M. Moody on 6/6/2013. (dmn)
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Prevost v. Pico Doc. 9 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION JOHN EDWARD PREVOST, II, ADC #144749 v. PLAINTIFF 4:12CV00291-JMM-JTK JOHNATHAN PICO 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 Defendant is DISMISSED 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). An appropriate Judgment shall accompany this Order. IT IS SO ORDERED this 6th day of June, 2013. ______________________________________ JAMES M. MOODY UNITED STATES DISTRICT JUDGE 1 Dockets.Justia.com
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