Holmes v. Belue et al, No. 4:2020cv00878 - Document 6 (E.D. Ark. 2020)
Court Description: ORDER adopting 5 proposed findings and recommendations; dismissing this case without prejudice; constituting this dismissal as a strike; and certifying that an in forma pauperis appeal from this order would not be taken in good faith. Signed by Judge Brian S. Miller on 10/19/2020. (kdr)
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Holmes v. Belue et al Doc. 6 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION GARY HOLMES ADC #127662 v. PLAINTIFF CASE NO. 4:20-CV-00878-BSM KARA BELUE, et al. DEFENDANTS ORDER After careful review of the record, United States Magistrate Judge Joe Volpe’s proposed findings and recommendations [Doc. No. 5] are adopted. This case is dismissed without prejudice because Gary Holmes failed to state a claim upon which relief could be granted. The dismissal constitutes a strike for purposes of 28 U.S.C. section 1915(g) and, pursuant to 28 U.S.C. section 1915(a)(3), it is certified that an in forma pauperis appeal from this order would not be taken in good faith. IT IS SO ORDERED, this 19th day of October, 2020. ________________________________ UNITED STATES DISTRICT JUDGE Dockets.Justia.com
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