Prevost v. Pico

Filing 9

ORDER adopting in their entirety 7 Proposed Findings and Recommendations; dismissing Plaintiff's Complaint against Defendant for failure to state a claim upon which relief may be granted; and certifying that an in forma pauperis appeal from an Order and Judgment dismissing this action would not be taken in good faith. Signed by Judge James M. Moody on 6/6/2013. (dmn)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
JOHN EDWARD PREVOST, II,
ADC #144749
v.

PLAINTIFF
4:12CV00291-JMM-JTK

JOHNATHAN PICO

DEFENDANT
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 Defendant is DISMISSED for failure to state a

claim upon which relief may be granted.
2.

Dismissal of this action constitutes a “strike” within the meaning of the Prison

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 6th day of June, 2013.

______________________________________
JAMES M. MOODY
UNITED STATES DISTRICT JUDGE

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