Anderson v. Varner et al

Filing 12

ORDER ADOPTING 5 REPORT AND RECOMMENDATIONS of U.S. Magistrate Judge Jerome T. Kearney in their entirety. Plaintiff's Complaint against Defendants is DISMISSED without prejudice to Plaintiff's right to reassert his claim should his impri sonment be invalidated by a state tribunal or federal court. Dismissal of Plaintiff's complaint constitutes a "strike" within the meaning of the Prison Litigation Reform Act (PLRA), 28 U.S.C. Section 1915(g). The Court certifies that an in forma pauperis appeal from an Order & Judgment dismissing this action would not be taken in good faith, pursuant to 28 U.S.C. Section 1915(a(3). An appropriate Judgment shall accompany this Order. Signed by Judge William R. Wilson, Jr on 10/25/2010. (jct)

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Anderson v. Varner et al Doc. 12 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION LAWRENCE PAUL ANDERSON v. JOHN VARNER, et al. ORDER The Court has received proposed findings and recommendations from United States Magistrate Judge Jerome T. Kearney. After a review of those proposed findings and 3:10CV00248-WRW-JTK DEFENDANTS PLAINTIFF recommendations, and the timely objections received thereto, as well as a de novo review of the record, the Court adopts them in their entirety. Accordingly: 1. Plaintiff's Complaint against Defendants is DISMISSED without prejudice to Plaintiff's right to reassert his claim should his imprisonment be invalidated by a state tribunal or federal court. 2. Dismissal of Plaintiff's complaint 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 an Order and Judgment dismissing this action would not be taken in good faith, pursuant to 28 U.S.C. 1915(a)(3) An appropriate Judgment shall accompany this Order. IT IS SO ORDERED this 25th day of October, 2010. /s/Wm. R. Wilson, Jr. UNITED STATES DISTRICT JUDGE 1 Dockets.Justia.com

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