Guthrie v. King et al, No. 4:2016cv00611 - Document 10 (E.D. Ark. 2016)

Court Description: ORDER approving and adopting 8 proposed findings and recommendations in their entirety; dismissing Plaintiff's Amended Complaint against Defendant for failure to state a claim upon which relief may be granted; constituting dismissal of this action as a "strike" within the meaning of the Prison Litigation Reform Act (PLRA), 28 U.S.C. § 1915(g); and certifying that an in forma pauperis appeal from this Order and accompanying Judgment would not be taken in good faith pursuant to 28 U.S.C. § 1915(a)(3). Signed by Judge Susan Webber Wright on 10/27/2016. (mef)

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Guthrie v. King et al Doc. 10 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION GEORGE GUTHRIE, ADC #163208 v. PLAINTIFF 4:16CV00611-SWW-JTK KING, 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 pertinent portions of the record, the Court adopts them in their entirety. Accordingly, IT IS, THEREFORE, ORDERED that: 1. Plaintiff’s Amended 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 this Order and accompanying Judgment 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 27th day of October, 2016. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE 1 Dockets.Justia.com

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