Buchanan v. Mullins et al

Filing 6

ORDER approving and adopting in their entirety 5 Report and Recommendations; dismissing 4 Plaintiff's Amended Complaint for failure to state a claim upon which relief may be granted; considering the dismissal a "strike" within the meaning of the Prison Litigation Reform Act; and certifying that an in forma pauperis appeal from the Order and accompanying Judgment dismissing this action will not be taken in good faith. Signed by Judge James M. Moody on 12/11/2012. (dmn)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
CARL LEE BUCHANAN,
ADC #120661
v.

PLAINTIFF

4:12-cv-00643-JMM-JTK

VESTA MULLINS, 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 Amended Complaint against Defendants is DISMISSED, for failure

to state a claim upon which relief may be granted.
2

This dismissal is considered 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 this Order and the

accompanying Judgment dismissing this action will not be taken in good faith. 28 U.S.C. §
1915(a)(3).
An appropriate Judgment shall accompany this Order.
IT IS SO ORDERED this 11th day of December, 2012.

______________________________________
JAMES M. MOODY
UNITED STATES DISTRICT JUDGE