Mills v. Kelley et al, No. 5:2018cv00182 - Document 6 (E.D. Ark. 2018)
Court Description: ORDER Adopting 3 Proposed Findings and Recommendations. Plaintiff's complaint is dismissed without prejudice to his right to reassert his claim should his disciplinary be invalidated by a state tribunal or federal court. Dismissal of this a ction constitutes a "strike" within the meaning of the Prison Litigation Reform Act. The Court certifies that an in forma pauperis appeal from an Order and Judgment dismissing this action would not be taken in good faith. Signed by Judge James M. Moody Jr. on 8/6/2018. (mcz)
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Mills v. Kelley et al Doc. 6 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION JERRY W. MILLS, ADC #112594 v. PLAINTIFF 5:18CV00182-JM-JTK WENDY KELLEY, 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 is DISMISSED without prejudice to his right to reassert his claim should his disciplinary be invalidated by a state tribunal or federal court. 2. Dismissal of this action constitutes 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 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 6th day of August, 2018. _________________________________ JAMES M. MOODY, JR. UNITED STATES DISTRICT JUDGE 1 Dockets.Justia.com
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