Oliver v. Cook et al

Filing 7

ORDER adopting 4 Recommended Disposition. Plaintiff Oliver's 2 Complaint is dismissed without prejudice for failure to state a claim upon which relief may be granted. Dismissal of this action constitutes a "strike". An in forma pauperis appeal from the Order and Judgment dismissing this action will not be taken in good faith. Signed by Chief Judge Brian S. Miller on 4/14/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
ARTEZ OLIVER
v.

PLAINTIFF
CASE NO. 3:17CV00039 BSM

DELL COOK, et al.

DEFENDANTS
ORDER

The recommended disposition (“RD”) submitted by United States Magistrate Judge
Jerome T. Kearney [Doc. No. 4] has been reviewed. No objections have been filed. After
reviewing the record, the RD is adopted.
Accordingly, plaintiff Artez Oliver’s complaint [Doc. No. 2] is dismissed without
prejudice for failure to state a claim upon which relief may be granted. Dismissal of this
action constitutes a strike within the meaning of the Prison Litigation Reform Act (PLRA).
See 28 U.S.C. § 1915(g). Finally, an in forma pauperis appeal from the order and judgment
dismissing this action will not be taken in good faith. See 28 U.S.C. § 1915(a)(3).
IT IS SO ORDERED this 14th day of April 2017.

UNITED STATES DISTRICT JUDGE