Gardner v. Kelley et al, No. 5:2015cv00223 - Document 7 (E.D. Ark. 2015)
Court Description: Order adopting 5 proposed findings and recommendations in their entirety; dismissing Plaintiff's 4 amended complaint; 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 Judge Susan Webber Wright on 08/21/2015. (rhm)
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Gardner v. Kelley et al Doc. 7 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION WALLACE A. GARDNER, ADC #110784 v. PLAINTIFF 5:15CV00223-SWW-JTK WENDY KELLEY, et al. DEFENDANTS ORDER The Court has received proposed findings and recommendations from United States Magistrate Judge Jerome T. Kearney. After a review of those proposed findings and recommendations, and the timely objections received thereto, as well as a de novo review of the record, the Court adopts them in their entirety. Accordingly, IT IS, THEREFORE, ORDERED that: 1. Plaintiff’s Amended 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). An appropriate Judgment shall accompany this Order. IT IS SO ORDERED this 21st day of August, 2015. /s/Susan Webber Wright U. S. DISTRICT JUDGE Dockets.Justia.com
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