Bausey et al v. Simmons et al

Filing 11

ORDER adopting the Proposed Findings and Recommendations in their entirety. Plaintiffs' complaint against defendants Chancey Simmons and Michael Harris is dismissed with prejudice for failure to state a claim. Plaintiffs' complaint against defendant Brett Duncan is dismissed without prejudice for failure to state a claim. Dismissal of this action constitutes a "strike" within the meaning of the Prison Litigation Reform Act (PLRA), 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. Signed by Judge Kristine G. Baker on 5/14/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
CHARLES BAUSEY
ADC #357214 and
JESSE BREWER
v.

PLAINTIFFS
Case No. 3:14-cv-00293-KGB-JTK

CHANCEY SIMMONS, et al.

DEFENDANTS
ORDER

The Court has received Proposed Findings and Recommendations from United States
Magistrate Judge Jerome T. Kearney (Dkt. No. 10). There have been no objections, and the time
to file any objections has passed.

After a review of the Proposed Findings and

Recommendations, the Court adopts them in their entirety.
It is therefore ordered that:
1.

Plaintiffs’ complaint against defendants Chancey Simmons and Michael Harris is
dismissed with prejudice for failure to state a claim.

2.

Plaintiffs’ complaint against defendant Brett Duncan is dismissed without
prejudice for failure to state a claim.

3.

Dismissal of this action constitutes a “strike” within the meaning of the Prison
Litigation Reform Act (“PLRA”), 28 U.S.C. § 1915(g).

4.

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).

SO ORDERED this 14th day of May, 2015.
_______________________________
Kristine G. Baker
United States District Judge