Scott v. Payne et al, No. 4:2020cv00315 - Document 10 (E.D. Ark. 2020)

Court Description: ORDER adopting 8 proposed findings and recommendations in their entirety; dismissing without prejudice, for failure to state a claim upon which relief may be granted, 7 Plaintiff's second Amended Complaint; and certifying that an in forma p auperis appeal from an Order and Judgment 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 Susan Webber Wright on 5/14/2020. (ljb)

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Scott v. Payne et al Doc. 10 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION DEVERICK SCOTT, ADC #131042 v. PLAINTIFF 4:20CV00315-SWW-JTK DEXTER PAYNE, 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 the record, the Court adopts them in their entirety. Accordingly, IT IS, THEREFORE, ORDERED that: 1. Plaintiff’s second Amended 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 14th day of May, 2020. Susan Webber Wright UNITED STATES DISTRICT JUDGE Dockets.Justia.com

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