Autry v. Yancy et al

Filing 8

ORDER adopting in their entirety 7 the proposed findings and recommendations; dismissing, without prejudice, 5 Autry's amended complaint for failure to state a claim upon which relief may be grated. Dismissal of this action counts as a "strike." Furthermore, it is certified that an in forma pauperis appeal would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 10/10/2017. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
SHELBY JAY AUTRY
v.

PLAINTIFF
CASE NO. 1:17-CV-00058 BSM

JACK YANCY, et al.

DEFENDANTS
ORDER

The proposed findings and recommendations [Doc. No. 7] submitted by United States
Magistrate Judge Jerome T. Kearney have been received. Plaintiff Shelby Jay Autry has not
submitted objections. After a careful review of the record, the proposed findings and
recommendations are adopted in their entirety. Accordingly, Autry’s amended complaint
[Doc. No. 5] is dismissed without prejudice for failure to state a claim upon which relief may
be granted. Dismissal of this action counts as a “strike” for purposes of 28 U.S.C. Section
1915(g). Furthermore, it is certified that an in forma pauperis appeal would not be taken in
good faith. See 28 U.S.C. § 1915(a)(3).
IT IS SO ORDERED this 10th day of October 2017.

UNITED STATES DISTRICT JUDGE