James v. Ross, No. 4:2017cv00285 - Document 10 (E.D. Ark. 2017)

Court Description: ORDER adopting 9 Proposed Findings and Recommendations in their entirety; dismissing without prejudice Plaintiff Jimmy Dale James' complaint 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; and certifying that an in forma pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith. Signed by Judge Kristine G. Baker on 8/28/2017. (mef)
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James v. Ross Doc. 10 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION JIMMY DALE JAMES v. PLAINTIFF Case No: 4:17-cv-00285 KGB/JTK KENNETH ALEXANDER ROSS DEFENDANT ORDER The Court has received Proposed Findings and Recommendations from United States Magistrate Judge Jerome T. Kearney (Dkt. No. 9). There have been no objections. After a review of those Proposed Findings and Recommendations, the Court adopts them in their entirety (Id.). It is therefore ordered that: 1. Plaintiff Jimmy Dale James’ complaint is dismissed without prejudice for failure to state a claim upon which relief may be granted. 2. Dismissal of this action constitutes a Astrike@ within the meaning of the Prison Litigation Reform Act, 28 U.S.C. ' 1915(g). 3. The Court certifies that an in forma pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith, pursuant to 28 U.S.C. ' 1915(a)(3). Dated this the 28th day of August, 2017. __________________________________ Kristine G. Baker United States District Judge Dockets.Justia.com