Burke v. Gatewood et al

Filing 7

ORDER ADOPTING 6 Proposed Findings and Recommendations. Plaintiff's Amended Complaint 5 against all Defendants is dismissed for failure to state a claim. This dismissal counts as a "strike" within the meaning of the Prison Litigation Reform Act. I certify that an in forma pauperis appeal from this order and the accompanying judgment would not be taken in good faith. Signed by Judge Billy Roy Wilson on 10/17/2016. (mcz)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
STANLEY BURKE,
ADC #151700
VS.

PLAINTIFF
1:16-CV-00113-BRW-JTK

GATEWOOD, et al.

DEFENDANTS
ORDER

I have received the Proposed Findings and Recommendations from United States
Magistrate Judge Jerome T. Kearney.1 No objections have been filed and the time for doing so
has passed.2
After careful review. I adopt the Recommendation in its entirety as my findings in all
respects.
Accordingly, Plaintiff’s Amended Complaint against Defendants (Doc. No. 2) is
DISMISSED for failure to state a claim. This dismissal counts as a “strike” within the meaning
of the Prison Litigation Reform Act.3 I certify that an in forma pauperis appeal from this order
and the accompanying judgment would not be taken in good faith.4

IT IS SO ORDERED this 17th day of October, 2016.

/s/ Billy Roy Wilson
UNITED STATES DISTRICT JUDGE

1

Doc. No. 6.

2

Objections were due Monday, October 17, 2016.

3

28 U.S.C. § 1915(g).

4

See 28 U.S.C. § 1915(a)(3).
1