Prevost v. Pico
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
JOHN EDWARD PREVOST, II,
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 Complaint against Defendant is DISMISSED for failure to state a
claim upon which relief may be granted.
Dismissal of this action constitutes a “strike” within the meaning of the Prison
Litigation Reform Act (PLRA), 28 U.S.C. § 1915(g).
The Court certifies that an in forma pauperis appeal from an Order and
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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