Bower v. Hobbs et al, No. 5:2014cv00318 - Document 6 (E.D. Ark. 2014)
Court Description: ORDER ADOPTING 4 PROPOSED FINDINGS AND RECOMMENDATIONS in their entirety; dismissing Plaintiff's 2 complaint for failure to state a claim; finding that dismissal of this 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 Chief Judge Brian S. Miller on 10/27/2014. (rhm)
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Bower v. Hobbs et al Doc. 6 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION RICHARD BOWER, ADC #144498 v. PLAINTIFF CASE NO. 5:14CV00318 BSM RAY HOBBS, Director, Arkansas Department of Correction, et al. DEFENDANTS ORDER The proposed findings and recommendations from United States Magistrate Judge Jerome T. Kearney have been received. After careful consideration of the timely objections, as well as a de novo review of the record, the proposed findings and recommendations are adopted in their entirety. 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 (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). IT IS SO ORDERED this 27th day of October 2014. ________________________________ UNITED STATES DISTRICT JUDGE 0 Dockets.Justia.com
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