Wood v. Kelley et al, No. 4:2016cv00891 - Document 10 (E.D. Ark. 2017)

Court Description: ORDER adopting 5 proposed findings and recommendations in their entirety; dismissing Plaintiff's Complaint for failure to state a claim upon which relief may be granted; constituting dismissal of this action as a "strike" within th e meaning of the Prison Litigation Reform Act (PLRA), 28 U.S.C. § 1915(g); and certifying 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). Signed by Judge Susan Webber Wright on 2/17/2017. (mef)
Download PDF
Wood v. Kelley et al Doc. 10 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION HOWARD WOOD, ADC #155339 V. PLAINTIFF 4:16CV00891-SWW-JTK WENDY KELLEY, 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 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 17th day of February, 2017. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE 1 Dockets.Justia.com