Adams v. Rayner et al, No. 5:2014cv00150 - Document 8 (E.D. Ark. 2015)
Court Description: ORDER ADOPTING 6 PROPOSED FINDINGS AND RECOMMENDATIONS in their entirety; dismissing Mr. Adams's 5 amended complaint for failure to state a claim upon which relief can be granted; finding that this dismissal of Mr. Adams's action constitutes a "strike"; and certifying that an in forma pauperis appeal from an Order and Judgment dismissing this action would not be taken in good faith. Signed by Judge Kristine G. Baker on 05/11/2015. (rhm)
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Adams v. Rayner et al Doc. 8 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION JOHN E. ADAMS v. PLAINTIFF Case No. 5:14-cv-150-KGB ERICA RAYNER, et al. DEFENDANTS ORDER The Court has received the Proposed Findings and Recommendations from United States Magistrate Judge Jerome T. Kearney (Dkt. No. 6) and the objections filed by plaintiff John E. Adams (Dkt. No. 7). After a review of the Proposed Findings and Recommendations and Mr. Adams’s objections, as well as a de novo review of the record, the Court adopts the Proposed Findings and Recommendations in their entirety. IT IS, THEREFORE, ORDERED that: 1. Mr. Adams’s amended complaint against defendants is dismissed for failure to state a claim upon which relief can be granted. 2. This dismissal of Mr. Adams’s 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). SO ORDERED this 11th day of May, 2015. _______________________________ Kristine G. Baker United States District Judge Dockets.Justia.com
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