Battern-Carson v. Pagie, No. 4:2020cv00228 - Document 10 (E.D. Ark. 2020)
Court Description: ORDER adopting 8 proposed findings and recommendations in their entirety; dismissing without prejudice 5 Plaintiff's Amended Complaint; and certifying that an in forma pauperis appeal from an 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 James M. Moody Jr. on 4/9/2020. (ljb)
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Battern-Carson v. Pagie Doc. 10 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION CODY MICHAEL BATTERN-CARSON, ADC #165482 v. PLAINTIFF 4:20CV00228-JM-JTK PAGIE, 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 Amended Complaint against Defendant 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 9th day of April, 2020. _________________________________ JAMES M. MOODY, JR. UNITED STATES DISTRICT JUDGE 1 Dockets.Justia.com
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