Terry v. Dallas et al, No. 4:2018cv00208 - Document 16 (E.D. Ark. 2018)
Court Description: ORDER Adopting 15 Proposed Findings and Recommendations. Plaintiff's Complaint against Defendants is dismissed without prejudice, for failure to state a claim upon which relief may be granted. Dismissal of this action constitutes a strike w ithin the meaning of the Prison Litigation Reform Act (PLRA). The Court certifies that an in forma pauperis appeal from an Order and Judgment dismissing this action would not be taken in good faith. Signed by Judge James M. Moody Jr. on 7/10/2018. (mcz)
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Terry v. Dallas et al Doc. 16 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION KEVIN TERRY, ADC #601484 v. PLAINTIFF 4:18CV00208-JM-JTK DALLAS, 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 10th day of July,2018. _________________________________ JAMES M. MOODY, JR. UNITED STATES DISTRICT JUDGE 1 Dockets.Justia.com
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