McCall v. Schock, No. 4:2014cv00344 - Document 6 (E.D. Ark. 2014)

Court Description: ORDER adopting 4 Proposed Findings and Recommendations in their entirety. Plaintiff's Complaint against Defendant is dismissed for failure to state a claim. Dismissal of this action constitutes a "strike". The Court certifies that an in forma pauperis appeal from an Order and Judgment dismissing this action would not be taken in good faith. Signed by Judge Susan Webber Wright on 7/9/2014. (jak)
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McCall v. Schock Doc. 6 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION JAMIE SHAWN MCCALL, ADC #610019 V. PLAINTIFF 4:14CV00344-SWW-JTK SHERIFF SCHOCK DEFENDANT 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 Defendant is DISMISSED for failure to state a claim. 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 9th day of July, 2014. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE 1 Dockets.Justia.com