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)

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