Nichols v. Sweet et al

Filing 10

ORDER ADOPTING 7 Report and Recommendations in their entirety; therefore, pltf's complaint is DISMISSED for failure to state a claim; dismissal of this action constitutes a "strike"; judgment will be entered accordingly. Signed by Judge Susan Webber Wright on 7/7/11. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION RICHARD SHANE NICHOLS, ADC #112196 V. PLAINTIFF 4:11-cv-00452-SWW-JTK ROWDY SWEET, 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: 1. Plaintiff’s Complaint against Defendants is DISMISSED for failure to state a 2. Dismissal of this action constitutes a “strike” within the meaning of the Prison claim. Litigation Reform Act (PLRA), 28 U.S.C. § 1915(g). 3. The Court certifies that an in forma pauperis appeal from an Order and Judgment dismissing this action would not be taken in good faith, pursuant to 28 U.S.C. § 1915(a)(3). An appropriate Judgment shall accompany this Order. IT IS SO ORDERED this 7th day of July, 2011. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE

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