Bynum v. Stone et al, No. 4:2017cv00792 - Document 9 (E.D. Ark. 2018)
Court Description: ORDER adopting 6 proposed findings and recommendations in their entirety; dismissing Plaintiff's Amended Complaint against Defendants for failure to state a claim upon which relief may be granted; and certifying an in forma pauperis appeal from an Order and Judgment dismissing this action would not be in good faith. This dismissal constitutes a "strike" within the meaning of the PLRA. Signed by Judge Susan Webber Wright on 1/30/2018. (cmn)
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Bynum v. Stone et al Doc. 9 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION MALVIN BYNUM v. PLAINTIFF 4:17CV00792-SWW-JTK STONE, 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 parts of the record, the Court adopts them in their entirety. Accordingly, IT IS, THEREFORE, ORDERED that: 1. Plaintiff=s Amended Complaint against Defendants is DISMISSED, for failure to state a claim upon which relief may be granted. 2. This dismissal constitutes a Astrike@ within the meaning of the PLRA. 3. The Court certifies that an in forma pauperis appeal from an Order and Judgment dismissing this action would not be in good faith, pursuant to 28 U.S.C. ' 1915(a)(3). An appropriate Judgment shall accompany this Order. IT IS SO ORDERED this 30th day of January, 2018. /s/ Susan Webber Wright UNITED STATES DISTRICT JUDGE 1 Dockets.Justia.com
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