Smith v. Broadway et al

Filing 5

ORDER Adopting 3 Proposed Findings and Recommendations. Plaintiff's 2 Complaint is DISMISSED with prejudice for failure to state a claim upon which relief may be granted. Dismissal of this action constitutes a "strike" within the meaning of the Prison Litigation Reform Act (PLRA). The Court certifies that an in forma pauperis appeal from the Order and Judgment dismissing this action would not be taken in good faith. Signed by Judge James M. Moody Jr. on 2/17/2016. (mcz)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
JOSEPH SMITH,
ADC #127880
V.

PLAINTIFF

2:16CV00017-JM-JTK

GEORGETTE BROADWAY, et al.,

DEFENDANTS
ORDER

The Court has received proposed findings and recommendations from United States
Magistrate Judge Jerome T. Kearney. There have been no objections. After a review of those
proposed findings and recommendations, the Court adopts them in their entirety. Accordingly,
IT IS, THEREFORE, ORDERED that:
1.

Plaintiff’s Complaint against Defendants is DISMISSED with prejudice, for failure

to state a claim upon which relief may be granted.
2.

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

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

The Court certifies that an in forma pauperis appeal from this Order and Judgment

dismissing this action would not be taken in good faith, pursuant to 28 U.S.C. § 1915(a)(3).
An appropriate Judgement shall accompany this Order.
IT IS SO ORDERED this 17th day of February, 2016.

____________________________
JAMES M. MOODY, JR.
UNITED STATES DISTRICT JUDGE

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