Chavis v. Jones et al, No. 4:2015cv00139 - Document 17 (E.D. Ark. 2015)

Court Description: ORDER adopting 14 Proposed Findings and Recommendations in their entirety. Plaintiff's amended complaint against Defendants Franks, Lindsey, Paxton, Dan Roberts, Earl Phillips, and the ADC is dismissed with prejudice for failure to state a cla im upon which relief may be granted. Defendant Jones is dismissed without prejudice. This dismissal is considered a "strike" within the meaning of the Prison Litigation Reform Act; and certifying that an in forma pauperis appeal from the Order and Judgment dismissing this action will not be taken in good faith. Signed by Judge Kristine G. Baker on 06/05/2015. (rhm) (Docket text modified on 6/5/2015 to correct the description of the document filed). (jak)

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Chavis v. Jones et al Doc. 17 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION JOHN CHAVIS, ADC #141259 v. PLAINTIFF Case No. 4:15-cv-00139-KGB-JTK JONES, et al. DEFENDANTS ORDER The Court has received the Proposed Findings and Recommendations from United States Magistrate Judge Jerome T. Kearney (Dkt. No. 14). After a review of the Proposed Findings and Recommendations, and the timely objections thereto (Dkt. No. 16), 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 amended complaint against defendants Franks, Lindsey Paxton, Dan Roberts, Earl Phillips, and the Arkansas Department of Correction is dismissed with prejudice for failure to state a claim upon which relief may be granted (Dkt. No. 12). 2. Defendant Jones is dismissed without prejudice. 3. This dismissal is considered a “strike” within the meaning of the Prison Litigation Reform Act (“PLRA”), 28 U.S.C. § 1915(g). 4. The Court certifies that an in forma pauperis appeal from the Order and Judgment dismissing this action will not be taken in good faith. 28 U.S.C. § 1915(a)(3). An appropriate Judgment shall accompany this Order. Dockets.Justia.com SO ORDERED this the 5th day of June, 2015. ________________________________ KRISTINE G. BAKER UNITED STATES DISTRICT JUDGE

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