Howard v. Mixson

Filing 8

ORDER approving and adopting 6 Recommended Disposition in its entirety as this Court's findings in all respects; dismissing without prejudice Mr. Howard's claims for failure to state a claim upon which relief may be granted; finding that dismissal of this case constitutes a "strike"; and certifying that an in forma pauperis appeal from an Order and Judgment dismissing this case would not be taken in good faith. Signed by Judge Kristine G. Baker on 01/07/2016. (rhm) (Docket text modified on 1/7/2016 to indicate the dismissal was without prejudice).(jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
KORTEZ DAYVONE HOWARD
v.

PLAINTIFF

Case No. 2:15-cv-00084-KGB-JTR

MIXSON, Nurse,
East Arkansas Regional Unit, ADC

DEFENDANT
ORDER

The Court has received a Recommended Disposition from United States Magistrate
Judge Tom Ray (Dkt. No. 6). Plaintiff Kortez Dayvone Howard has filed an objection (Dkt No.
7). After careful review of the Recommended Disposition, the timely objections, and a de novo
review of the record, the Court concludes that the Recommended Disposition should be, and
hereby is, approved and adopted in its entirety as this Court’s findings in all respects.
Accordingly, the Court dismisses without prejudice Mr. Howard’s claims for failure to
state a claim upon which relief may be granted. Dismissal of this case constitutes a “strike”
within the meaning of the Prison Litigation Reform Act, 28 U.S.C. § 1915(g). 1 The Court
certifies that an in forma pauperis appeal from an Order and Judgment dismissing this case
would not be taken in good faith, pursuant to 28 U.S.C. § 1915(a)(3).
SO ORDERED this 7th day of January, 2015.

____________________________________
KRISTINE G. BAKER
UNITED STATES DISTRICT JUDGE
1

The statute provides that a prisoner may not file an in forma pauperis civil rights action
or appeal if the prisoner has, on three or more prior occasions, filed an action or appeal that was
dismissed as frivolous, malicious, or for failure to state a claim, unless the prisoner is under
imminent danger of serious physical injury.