Lester v. Phelps et al, No. 5:2014cv00099 - Document 15 (E.D. Ark. 2014)

Court Description: ORDER adopting 7 Proposed Findings and Recommendations. Accordingly, Plaintiff's complaint against defendants is DISMISSED 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, 28 U.S.C. § 1915(g). 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). All other pending motions are denied as moot. Signed by Judge J. Leon Holmes on 5/16/2014. (ks)
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Lester v. Phelps et al Doc. 15 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION CHRISTOPHER MICHAEL LESTER, ADC #101939 v. PLAINTIFF No. 5:14CV00099-JLH-JTK BRADFORD J. PHELPS, et al. DEFENDANTS ORDER The Court has received proposed findings and recommendations from United States Magistrate Judge Jerome T. Kearney and the objections filed by the plaintiff. After a de novo review, the Court adopts the proposed findings and recommendations. Accordingly, IT IS, THEREFORE, ORDERED that: 1. Plaintiff’s complaint against defendants is DISMISSED 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, 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). 4. All other pending motions are DENIED as moot. An appropriate Judgment shall accompany this Order. IT IS SO ORDERED this 16th day of May, 2014. __________________________________ J. LEON HOLMES UNITED STATES DISTRICT JUDGE Dockets.Justia.com