Mitchell v. Mills et al
ORDER ADOPTING 7 REPORT AND RECOMMENDATIONS in their entirety. Plaintiff's 2 Complaint is dismissed with prejudice for failure to state a claim. Dismissal of this action constitutes a "strike" within the meaning of the Prison Litig ation Reform Act. 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). Signed by Judge J. Leon Holmes on 03/25/2013. (jak) Docket entry modified on 3/26/2013 to correct file date. (kbc)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
KEVIN MARTIN MITCHELL,
LARRY MILLS, et al.
The Court has received proposed findings and recommendations from United States
Magistrate Judge Jerome T. Kearney.
After a review of those proposed findings and
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,
IT IS, THEREFORE, ORDERED that:
Plaintiff’s complaint against defendants is DISMISSED with prejudice for failure to
state a claim.
Dismissal of this action constitutes a “strike” within the meaning of the Prison
Litigation Reform Act, 28 U.S.C. § 1915(g).
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 March, 2013.
J. LEON HOLMES
UNITED STATES DISTRICT JUDGE
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