Forrest v. Collier et al

Filing 5

ORDER adopting 4 the proposed findings and recommended disposition; and dismissing 2 plaintiff Bobby L. Forrest's complaint for failure to state a claim. Dismissal of the action constitutes a "strike" within the meaning of the Pri son Litigation Reform Act 28 U.S.C. § 1915(g). Pursuant to 28 U.S.C. § 1915(a)(3), it is certified that an in forma pauperis appeal from this order and judgment would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 5/16/2013. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
BOBBY L. FORREST
ADC #90992
v.

PLAINTIFF
CASE NO. 2:13CV00046 BSM/JTK

JOHN COLLIER, Jail Administrator,
Cross County Sheriff Department et al.

DEFENDANTS

ORDER
The proposed findings and recommended disposition submitted by United States
Magistrate Judge Jerome T. Kearney [Doc. No. 4] have been reviewed. No objections were
filed. After carefully considering these documents and making a de novo review of the
record, it is concluded that the proposed findings and recommended disposition should be,
and hereby are, approved and adopted in their entirety in all respects.
IT IS THEREFORE ORDERED that:
1.

Plaintiff Bobby L. Forrest’s complaint [Doc. No. 2] against defendants John

Collier, Tommy Hampton, Heath, and J.R. Smith is dismissed for failure to state a claim.
2.

Dismissal of the action constitutes a “strike” within the meaning of the Prison

Litigation Reform Act. 28 U.S.C. § 1915(g).
3.

Pursuant to 28 U.S.C. § 1915(a)(3), it is certified that an in forma pauperis

appeal from this order and judgment would not be taken in good faith.
An appropriate judgment shall accompany this order.
Dated this 16th day of May 2013.

________________________________
UNITED STATES DISTRICT JUDGE

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