Hurlbut v. Armstrong et al, No. 5:2018cv00027 - Document 8 (E.D. Ark. 2018)
Court Description: ORDER Adopting 7 Proposed Findings and Recommendations. Plaintiff's Complaint against Defendants is dismissed without prejudice for failure to state a claim upon which relief may be granted. This dismissal is considered a "strike" w ithin the meaning of the Prison Litigation Reform Act (PLRA), 28 U.S.C. Section 1915(g). The Court certifies that an in forma pauperis appeal from an Order and Judgment dismissing this action will not be taken in good faith. Signed by Judge James M. Moody Jr. on 4/2/2018. (mcz)
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Hurlbut v. Armstrong et al Doc. 8 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION DANIEL BRYCE HURLBUT, ADC #658898 v. PLAINTIFF 5:18CV00027-JM-JTK RUSTY ARMSTRONG, et al. DEFENDANTS ORDER The Court has received proposed findings and recommendations from United States Magistrate Judge Jerome T. Kearney. There have been no objections. After a review of those proposed findings and recommendations, the Court adopts them in their entirety. Accordingly, IT IS, THEREFORE, ORDERED that: 1. Plaintiff=s Complaint against Defendants is DISMISSED without prejudice for failure to state a claim upon which relief may be granted. 2 This dismissal is considered a Astrike@ 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 will not be taken in good faith. 28 U.S.C. ' 1915(a)(3). An appropriate Judgment shall accompany this Order. IT IS SO ORDERED this 2nd day of April, 2018. ______________________________________ JAMES M. MOODY, JR. UNITED STATES DISTRICT JUDGE Dockets.Justia.com
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