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)

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.