Smith v. Felts et al, No. 4:2014cv00754 - Document 9 (E.D. Ark. 2015)
Court Description: ORDER ADOPTING 3 Proposed Findings and Recommendations. Plaintiff's 2 Complaint is DISMISSED for failure to state a claim upon which relief may be granted. This dismissal constitutes a "strike" within the meaning of the PLRA. The Court certifies that an in forma pauperis appeal from an Order and Judgment dismissing this case would not be taken in good faith. Signed by Judge James M. Moody Jr. on 1/21/2015. (mcz)
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Smith v. Felts et al Doc. 9 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION COURTNEY SMITH, ADC #149926 V. PLAINTIFF 4:14CV00754-JM-JTK JOHN FELTS, 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, for failure to state a claim upon which relief may be granted. 2. This dismissal constitutes a “strike” within the meaning of the PLRA. 3. The Court certifies that an in forma pauperis appeal from an Order and Judgment dismissing this action would not be in good faith, pursuant to 28 U.S.C. § 1915(g). An appropriate Judgment shall accompany this Order. IT IS SO ORDERED this 21st day of January, 2014. ______________________________________ JAMES M. MOODY, JR. UNITED STATES DISTRICT JUDGE 1 Dockets.Justia.com
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