Givens v. Bryant et al

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATIONS 10 and dismissing plaintiff's Amended Complaint against defts for failure to state a claim. This dismissal counts as a strike, and the Court certifies that an ifp appeal would not be taken in good faith. Signed by Judge Billy Roy Wilson on 8/18/11. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION TURRELLE DANNAIL GIVENS v. PLAINTIFF 4:11-cv-00440-BRW-JTK NURSE BRYANT, et al. DEFENDANTS 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 Plaintiff’s Amended Complaint against Defendants is DISMISSED for failure to state a claim. IT IS FURTHER ORDERED that this dismissal constitutes a “strike” within the meaning of 28 U.S.C. § 1915(g). The Court certifies, pursuant to 28 U.S.C. §1915(a)(3), that an in forma pauperis appeal from an Order and Judgment dismissing this action is not taken in good faith. An appropriate Judgment shall accompany this Order. IT IS SO ORDERED this 18th day of August, 2011. /s/Billy Roy Wilson UNITED STATES DISTRICT JUDGE 1

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