Addison v. Muse

Filing 7

ORDER ADOPTING 4 Proposed Findings and Recommendations. Plaintiff's Complaint against Defendants is DISMISSED without prejudice for failure to state a claim upon which relief may be granted. The dismissal counts as a "strike" withi n the meaning of the PLRA. The Court certifies that an in forma pauperis appeal from an Order and Judgment dismissing this action would not be in good faith. Plaintiff's 5 Motion for Leave to Proceed in forma pauperis; and 6 Motion for Discovery are denied as moot. Signed by Judge James M. Moody Jr. on 6/2/2015. (mcz)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
NICHOLAS ADDISON
v.

PLAINTIFF
3:15CV00133-JM-JTK

KIM MUSE

DEFENDANT
ORDER

The Court has received proposed findings and recommendations from United States
Magistrate Judge Jerome T. Kearney. There have been no objections. After a review of those
proposed findings and recommendations, the Court adopts them in their entirety. Accordingly,
IT IS, THEREFORE, ORDERED that:
1.

Plaintiff’s Complaint against Defendants is DISMISSED without prejudice, for

failure to state a claim upon which relief may be granted.
2.

This dismissal constitutes a “strike” within the meaning of the PLRA.

3.

The Court certifies that an in forma pauperis appeal from an Order and Judgment

dismissing this action would not be in good faith, pursuant to 28 U.S.C. § 1915(g).
4.

Plaintiff’s motion for leave to proceed in forma pauperis (Docket No. 5) and motion

for discovery (Docket No. 6) are denied as moot.
An appropriate Judgment shall accompany this Order.

IT IS SO ORDERED this 2nd day of June, 2015.

______________________________________
JAMES M. MOODY, JR.
UNITED STATES DISTRICT JUDGE
1