Short v. Cartwright et al, No. 4:2020cv00375 - Document 5 (E.D. Ark. 2020)

Court Description: ORDER adopting 3 proposed findings and recommendations; dismissing Jason Short's complaint, without prejudice, to his right to reassert his claim, should his disciplinary conviction be invalidated by a state tribunal or federal court; and counting dismissal of this action as a "strike". An in forma pauperis appeal would not be taken in good faith. Signed by Judge Brian S. Miller on 4/24/2020. (kdr) Modified on 4/24/2020 to correct a typographical error (ljb).

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Short v. Cartwright et al Doc. 5 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION JASON DEAN SHORT ADC #551179 v. PLAINTIFF CASE NO. 4:20-CV-00375 BSM BRIAN SHELTON, JR., et al. DEFENDANTS ORDER The proposed findings and recommendations (“RD”) from United States Magistrate Judge Jerome T. Kearney [Doc. No. 3] has been received. After carefully reviewing the entire record, the RD is adopted. Jason Short’s complaint is dismissed without prejudice to his right to reassert his claim, should his disciplinary conviction be invalidated by a state tribunal or federal court. Dismissal of this action counts as a “strike” within the meaning of the Prison Litigation Reform Act, 28 U.S.C. § 1915(g). An in forma pauperis appeal would not be taken in good faith, pursuant to 28 U.S.C. § 1915(a)(3). IT IS SO ORDERED this 24th day of April 2020. UNITED STATES DISTRICT JUDGE Dockets.Justia.com

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