Ivy v. Stone County Detention Center et al

Filing 9

ORDER approving and adopting the 8 Proposed Findings and Recommendations in their entirety as this Court's findings in all respects; dismissing without prejudice Plaintiff's 2 complaint for failure to state a claim upon which relief may be granted; 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. An appropriate Judgment shall accompany this Order. Signed by Judge Kristine G. Baker on 12/03/2015. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
ROBERT EARL IVY,
ADC #650478
v.

PLAINTIFF
Case No. 1:15-cv-00061-KGB/JTK

STONE COUNTY DETENTION CENTER, et al.

DEFENDANTS

ORDER
The Court has reviewed the Proposed Findings and Recommendations submitted by
United States Magistrate Judge Jerome T. Kearney (Dkt. No. 8). No objections have been filed,
and the time for filing objections has passed. After careful review, the Court approves and
adopts the Proposed Findings and Recommendations in their entirety as this Court’s findings in
all respects.
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.

Dismissal of this action constitutes a “strike” within the meaning of the Prison Litigation

Reform Act, 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.
SO ORDERED this 3rd day of December, 2015.

______________________________________
Kristine G. Baker
United States District Judge