Peppers v. McKann et al
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
MICHAEL A. PEPPERS
CASE NO: 3:11CV00111 BSM/JTK
JACK MCKANN et al.
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:
Plaintiff’s complaint is dismissed with prejudice for failure to state a claim.
This dismissal constitutes a “strike” within the meaning of the Prison Litigation
Reform Act (PLRA), 28 U.S.C. § 1915(g).
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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