Hastings v. Wilson et al

Filing 9

ORDER approving and adopting in their entirety 7 Proposed Findings and Recommendation as this Court's findings in all respects; dismissing, without prejudice, Hastings' claims for failure to state a claim upon which relief may be granted ; counting dismissal of this action as a "strike" within the meaning of 28 U.S.C. § 1915(g); and certifying that an in forma pauperis appeal from the order adopting this recommendation or the accompanying judgment would not be taken in good faith. Signed by Judge James M. Moody Jr. on 11/19/2021. (llg)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION STEVEN HASTINGS ADC #171672 v. PLAINTIFF No: 3:21-cv-00181 JM JEREMY WILSON, et al. DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Recommendation submitted by United States Magistrate Judge Patricia S. Harris, and the objections filed. After carefully considering the objections and making a de novo review of the record in this case, the Court concludes that the Proposed Findings and Recommendation should be, and hereby are, approved and adopted in their entirety as this Court’s findings in all respects. IT IS THEREFORE ORDERED THAT: 1. Hastings’ claims are dismissed without prejudice for failure to state a claim upon which relief may be granted. 2. Dismissal of this action counts as a “strike” within the meaning of 28 U.S.C. § 1915(g). 3. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from the order adopting this recommendation or the accompanying judgment would not be taken in good faith DATED this 19th day of November, 2021. ________________________________ UNITED STATES DISTRICT JUDGE

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