Gray v. Black et al

Filing 10

ORDER adopting 7 Proposed findings and recommendations in their entirety. Gray's complaint is dismissed without prejudice for failure to state a claim upon which relief can be granted. Dismissal of this action counts as a "strike" and it is certified that an in forma pauperis appeal from this order and judgment would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 12/4/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
RUBBY JAMES GRAY
v.

PLAINTIFF
CASE NO. 3:17-CV-00293 BSM

K. BLACK, RN/LPN; et al.

DEFENDANTS
ORDER

The proposed findings and recommendations [Doc. No. 7] submitted by United
States Magistrate Judge Joe J. Volpe and plaintiff Rubby Gray’s objections [Doc. No. 9]
thereto have been received. After de novo review of the record, the proposed findings
and recommendations are adopted in their entirety. Accordingly, Gray’s complaint is
dismissed without prejudice for failure to state a claim upon which relief can be granted.
Dismissal of this action counts as a “strike” for the purposes of 28 U.S.C. section
1915(g), and it is certified that an in forma pauperis appeal of this order and judgment
would not be taken in good faith.
IT IS SO ORDERED this 4th day of December 2017.

________________________________
UNITED STATES DISTRICT JUDGE