Kelly v. Morris et al

Filing 13

ORDER approving and adopting 10 Proposed Findings and Recommendations. Kelly's complaint is dismissed without prejudice for failure to state a claim upon which relief may be granted. Dismissal of this action counts as a "strike" within the meaning of 28 U.S.C. §1915(g). The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3). An in forma pauperis appeal from the order adopting this recommendation and accompanying judgment would not be taken in good faith. Signed by Judge James M. Moody Jr. on 7/2/2018. (mcz)

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

PRECIOUS KELLY

v.

PLAINTIFF

No: 1:18-cv-00026 JM-PSH

RICKI MORRIS, et al.

DEFENDANTS

ORDER
The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge Patricia S. Harris, and the objections filed. After carefully
considering the objections and making a de novo review of the record in this case, 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.

Kelly’s complaint is dismissed without prejudice for failure to state a claim upon

which relief may be granted.
2.

Dismissal of this action counts as a “strike” within the meaning of 28 U.S.C. §

1915(g).
3.

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

appeal from the order adopting this recommendation and accompanying judgment would not be
taken in good faith.
DATED this 2nd day of July, 2018.
_______________________________
UNITED STATES DISTRICT JUDGE