Barbee v. Holliday et al, No. 4:2020cv00123 - Document 11 (E.D. Ark. 2020)
Court Description: ORDER adopting 8 proposed findings and recommendations in all respects; 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 forma paup eris appeal from the 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 Prison Litigation Reform Act (PLRA), 28 U.S.C. § 1915(g). Signed by Judge Billy Roy Wilson on 03/26/2020. (ajt)
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Barbee v. Holliday et al Doc. 11 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION SYLVESTER O. BARBEE, ADC #131311 v. PLAINTIFF 4:20CV00123-BRW-JTK DOC HOLLIDAY, et al. DEFENDANTS ORDER I have received proposed findings and recommendations (Doc. No. 8) from United States Magistrate Judge Jerome T. Kearney. After a review of the proposed findings and recommendations, the Amended Complaint, and the timely objections, as well as a de novo review of the record, I adopt the proposed findings and recommendations in all respects. Accordingly, 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” within the meaning of the Prison Litigation Reform Act (PLRA), 28 U.S.C. § 1915(g). I certify that an in forma pauperis appeal from the 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 will accompany this Order. IT IS SO ORDERED this 26th day of March, 2020. Billy Roy Wilson________________ UNITED STATES DISTRICT JUDGE 1 Dockets.Justia.com
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