Burke v. Kelley et al

Filing 47

ORDER approving and adopting in their entirety the 44 Proposed Findings and Recommended Disposition as this Court's findings in all respects; granting Defendants' 41 motion to dismiss for failure to state a claim upon which relief may b e granted; dismissing this cause of action and Defendants Sergeant Queen, Stephen Williams, Major Keith Day, Marjorie Hall-Reed, Lisa Murray, and Does 1-3 for failure to state a claim upon which relief may be granted; rendering all pending motions as moot; and certifying that an in forma pauperis appeal from this Order would not be taken in good faith. Dismissal of this action constitutes a "strike" within the meaning of the Prison Litigation Reform Act (PLRA), 28 U.S.C. § 1915(g). Signed by Judge J. Leon Holmes on 2/28/2017. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION

STANLEY K. BURKE, ADC # 151700
v.

PLAINTIFF

1:16CV00098-JLH

WENDY KELLEY, Director,
Arkansas Department of Correction; et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge Joe J. Volpe. No objections have been filed. After careful
consideration, the Court concludes that the Proposed Findings and Recommended Disposition
should be, and hereby are, approved and adopted in their entirety as this Court’s findings in all
respects.
IT IS, THEREFORE, ORDERED that:
1.

Defendants Sergeant Queen, Stephen Williams, Major Keith Day, Marjorie Hall-

Reed, Lisa Murray, and Does 1-3 are dismissed for failure to state a claim upon which relief may
be granted.
2.

Defendants’ motion to dismiss is GRANTED and this cause of action is dismissed

for failure to state a claim upon which relief may be granted. Document #41.
3.

All pending motions are rendered moot.

4.

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

Litigation Reform Act (PLRA), 28 U.S.C. § 1915(g).
5.

The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis

appeal from this Order would not be taken in good faith.
SO ORDERED this 28th day of February, 2017.
__________________________________
J. LEON HOLMES
UNITED STATES DISTRICT JUDGE