Plunkett v. Rorex et al

Filing 8

ORDER adopting 5 Proposed Findings and Recommendations in their entirety. Accordingly, Plaintiff's Complaint/Amended Complaint against Defendants is dismissed with prejudice, for failure to state a claim upon which relief may be granted. [7 ] Motion for Discovery is moot. This dismissal constitutes as strike within 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, pursuant to 28 U.S.C. § 1915 (a)(3). An appropriate Judgment shall accompany this Order. Signed by Judge James M. Moody Jr. on 5/3/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION

JAMES R. PLUNKETT
V.

PLAINTIFF
3:17CV00044-JM-JTK

STEVE ROREX, et al.

DEFENDANTS

ORDER
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 objections1 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:
1.

Plaintiff’s Complaint/Amended Complaint against Defendants is DISMISSED

with prejudice, for failure to state a claim upon which relief may be granted.
2.

Plaintiff’s Motion for Discovery (ECF No. 7) is MOOT.

3.

This dismissal constitutes as strike within the meaning of the PLRA.

4.

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(a)(3).

1

Plaintiff has filed two pleadings (ECF Nos. 6 and 7) since the Proposed Findings and
Recommendations were filed. The Court deems ECF No. 6 to be an objection because Plaintiff
gives more information about the grievances which are the subject of his Complaint and
Amended Complaint. ECF No. 7 is a motion for discovery which is moot.
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An appropriate Judgment shall accompany this Order.
IT IS SO ORDERED this 3rd day of May, 2017.

____________________________________
JAMES M. MOODY, JR.
UNITED STATES DISTRICT JUDGE

2