Deaton v. Arkansas Department of Correction et al

Filing 14

ORDER ADOPTING 8 Report and Recommendations in their entirety; therefore, pltf's complaint against defts is DISMISSED WITH PREJUDICE for failure to state a claim; this dismissal counts as a "strike"; judgment will be entered accordingly. Signed by Judge J. Leon Holmes on 12/10/12. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION CHRISTOPHER DEATON, ADC #143472 v. PLAINTIFF No. 2:12CV00186 JLH-JTK ARKANSAS DEPARTMENT OF CORRECTION, et al. DEFENDANTS ORDER The Court has received proposed findings and recommendations from United States Magistrate Judge Jerome T. Kearney. After a review of those proposed findings and recommendations, and the timely objections received thereto,1 as well as a de novo review of the record, the Court adopts them in their entirety. Accordingly, IT IS, THEREFORE, ORDERED that plaintiff’s complaint against defendants is DISMISSED with prejudice for failure to state a claim upon which relief may be granted. IT IS FURTHER ORDERED that this dismissal constitutes a “strike” within the meaning of the Prison Litigation Reform Act, 28 U.S.C. § 1915(g). The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from an Order and Judgment dismissing this action is not in good faith. An appropriate Judgment shall accompany this Order. IT IS SO ORDERED this 10th day of December, 2012. ____________________________________ J. LEON HOLMES UNITED STATES DISTRICT JUDGE 1 The Court has considered Deaton’s motion for TRO and preliminary injunction and memorandum of law (Documents #10, #11, and #13) as stating Deaton’s objections to the proposed findings and recommendations.

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