Wines v. Babb et al

Filing 7

ORDER ADOPTING 6 PROPOSED FINDINGS AND RECOMMENDATIONS in their entirety; dismissing 5 Plaintiff's amended complaint for failure to state a claim upon which relief may be granted; finding that this dismissal constitutes a "strike"; and certifying that an in forma pauperis appeal would not be in good faith. Signed by Judge J. Leon Holmes on 01/09/2015. (rhm)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION DAWN MARIE WINES, ADC #710968 v. PLAINTIFF No. 1:14CV00144-JLH-JTK TINA BABB, 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 amended complaint against defendants is DISMISSED for failure to state a claim upon which relief may be granted. 2. This dismissal constitutes a “strike” within the meaning of the PLRA. 3. The Court certifies that an in forma pauperis appeal from an Order and Judgment dismissing this action would not be in good faith, pursuant to 28 U.S.C. § 1915(g). An appropriate Judgment shall accompany this Order. IT IS SO ORDERED this 9th day of January, 2015. _________________________________ J. LEON HOLMES UNITED STATES DISTRICT JUDGE

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