Burgie v. Kelley et al

Filing 20

ORDER Adopting 16 Proposed Findings and Recommendation. Burgie's 1 Motion for Leave to Proceed in forma pauperis; and 3 Motion for Preliminary Injunction are denied, and this case is dismissed without prejudice for a failure to state a claim upon which relief may be granted. Burgie's 19 Motion to amend his complaint is also denied. Signed by Chief Judge Brian S. Miller on 4/5/2018. (mcz)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
ERIC C. BURGIE
ADC #120956
v.

PLAINTIFF

CASE NO. 2:18-CV-00006 BSM

WENDY KELLEY, et al.

DEFENDANTS
ORDER

The proposed findings and recommendation submitted by United States Magistrate
Judge Patricia S. Harris [Doc. No. 16] and plaintiff Eric Burgie’s timely objections [Doc. No.
18] have been reviewed. After de novo review of the record, the proposed findings and
recommendation are adopted in their entirety. Accordingly, Burgie’s motions for leave to
proceed in forma pauperis [Doc. No. 1] and a preliminary injunction [Doc. No. 3] are denied,
and this case is dismissed without prejudice for a failure to state a claim upon which relief
may be granted.
Although Burgie filed a motion to amend his complaint [Doc. No. 19] with his
objections, his proposed “amended and supplemental” complaint does not remedy the
deficiencies identified in the proposed findings and recommendation. Therefore, leave to
amend is also denied.
IT IS SO ORDERED this 5th day of April 2018.

UNITED STATES DISTRICT JUDGE