Peppers v. McKann et al

Filing 14

ORDER ADOPTING 11 REPORT AND RECOMMENDATIONS of U.S. Magistrate Judge Jerome T. Kearney in their entirety in all respects. IT IS, THEREFORE, ORDERED that Plaintiff's Complaint is dismissed with prejudice for failure to state a claim. This di smissal constitutes a "strike" within the meaning of the PLRA. It is certified, pursuant to 28 U.S.C. Section 1915(a)(3), that an in forma pauperis appeal taken from the Order & Judgment dismissing this action is not in good faith. Signed by Judge Brian S. Miller on 9/21/2011. (jct)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION MICHAEL A. PEPPERS v. PLAINTIFF CASE NO: 3:11CV00111 BSM/JTK JACK MCKANN et al. DEFENDANTS ORDER The proposed findings and recommended disposition submitted by United States Magistrate Judge Jerome T. Kearney have been reviewed. No objections were filed. After carefully considering this documents and making a de novo review of the record, it is concluded that the proposed findings and recommended disposition should be, and hereby are, approved and adopted in their entirety in all respects. IT IS, THEREFORE, ORDERED that: 1. Plaintiff’s complaint is dismissed with prejudice for failure to state a claim. 2. This dismissal constitutes a “strike” within the meaning of the Prison Litigation Reform Act (PLRA), 28 U.S.C. § 1915(g). 3. It is certified, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal taken from the order and judgment dismissing this action is not in good faith. An appropriate judgment shall accompany this order. DATED this 21st day of September 2011. ________________________________ UNITED STATES DISTRICT JUDGE

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