Bragg v. Smith et al

Filing 9

ORDER adopting 8 proposed findings and recommendations in their entirety; dismissing Plaintiff's 2 Complaint against Defendants, for failure to state a claim upon which relief may be granted; and certifying that an in forma pauperis appeal from this Order and accompany Judgment would not be in good faith. This dismissal constitutes a "strike" within the meaning of the PLRA. Signed by Judge J. Leon Holmes on 5/18/2016. (ljb)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION VANN BRAGG, ADC #152805 v. PLAINTIFF 2:16CV00022-JLH-JTK J. R. SMITH, 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, for failure to state a claim upon which relief may be granted. 2. This dismissal constitutes a “strike” within the meaning of the PLRA. 3. The Court certifies that an in forma pauperis appeal from this Order and accompanying Judgment would not be in good faith, pursuant to 28 U.S.C. § 1915(a)(3). An appropriate Judgment shall accompany this Order. IT IS SO ORDERED this 18th day of May, 2016. _________________________________ J. LEON HOLMES UNITED STATES DISTRICT JUDGE

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