Bausley v. Duncan et al
Filing
7
ORDER adopting 6 Proposed Findings and Recommendations. Plaintiff's complaint 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. It is further certified that an in forma pauperis appeal would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 7/23/2015. (jak)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
CHARLES L. BAUSLEY
v.
PLAINTIFF
CASE NO. 3:15CV00095 BSM
BREET DUNCAN, et al.
DEFENDANTS
ORDER
The proposed findings and recommendations submitted by United States Magistrate
Judge Jerome T. Kearney have been received. No objections have been filed. After a review
of the proposed findings and recommendations, it is concluded they should be adopted in
their entirety, in all respects.
IT IS, THEREFORE, ORDERED that:
1.
Plaintiff’s complaint is dismissed without prejudice for failure to state a claim.
2.
Dismissal of this action constitutes a “strike” within the meaning of the Prison
Litigation Reform Act (PLRA), 28 U.S.C. § 1915(g).
3.
It is further certified that an in forma pauperis appeal would not be taken in
good faith, pursuant to 28 U.S.C. § 1915(a)(3).
IT IS SO ORDERED this 23rd day of July 2015.
________________________________
UNITED STATES DISTRICT JUDGE
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