Baldwin v. Montgomery et al, No. 4:2016cv00862 - Document 8 (E.D. Ark. 2017)

Court Description: ORDER adopting the 6 proposed findings and recommendations in their entirety; dismissing without prejudice Plaintiff's Complaint against Defendants, for failure to state a claim upon which relief may be granted; and certifying that an in for ma pauperis appeal from an Order and Judgment dismissing this action would not be taken in good faith. Dismissal of this action constitutes a "strike" within the meaning of the PrisonLitigation Reform Act (PLRA), 28 U.S.C. § 1915(g). Signed by Judge J. Leon Holmes on 2/15/2017. (ljb)
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Baldwin v. Montgomery et al Doc. 8 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION JOSEPH DALE BALDWIN v. PLAINTIFF No. 4:16CV00862-JLH-JTK JEFF MONTGOMERY, 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, 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 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 15th day of February, 2017. _________________________________ J. LEON HOLMES UNITED STATES DISTRICT JUDGE Dockets.Justia.com