Miller v. Felts et al, No. 4:2014cv00122 - Document 7 (E.D. Ark. 2014)

Court Description: ORDER ADOPTING 5 Proposed Findings and Recommendationsof Magistrate Judge. Plaintiff's 2 Complaint is DISMISSED without prejudice to re-file after exhaustion of his available remedies. This dismissal is considered a "strike" within the meaning of the PLRA. The Court certifies that an in forma pauperis appeal from an Order and Judgment dismissing this action is not taken in good faith. Signed by Judge Susan Webber Wright on 4/15/2014. (mcz)
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Miller v. Felts et al Doc. 7 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION REYNOLD MILLER, ADC #141806 v. PLAINTIFF 4:14CV00122-SWW-JTK JOHN FELTS, 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 to re-file after exhaustion of his available remedies. 2. This dismissal is considered a “strike” within the meaning of the PLRA. 3. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from an Order and Judgment dismissing this action is not taken in good faith. An appropriate Judgment shall accompany this Order. IT IS SO ORDERED this 15th day of April, 2014. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE 1 Dockets.Justia.com