Torres-Morano v. Winter

Filing 14

ORDER ADOPTING 13 PROPOSED FINDINGS RECOMMENDATIONS in their entirety; dismissal of this action constitutes a "strike" within the meaning of the Prison Litigation Reform Act; 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 Billy Roy Wilson on 05/09/2014. (rhm)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION JUAN ANGEL TORRES-MORANO, ADC #156090 VS. PLAINTIFF 4:13-CV-00655-BRW-JTK MS. WINTER DEFENDANT ORDER I have received the proposed findings and recommendations of United States Magistrate Judge Jerome T. Kearney.1 There have been no objections. I have reviewed Judge Kearney’s proposed findings and recommendations and adopt them in their entirety. Accordingly, Plaintiff’s Complaint against Defendant is DISMISSED for failure to state a claim. Dismissal of this action constitutes a “strike” within the meaning of the Prison Litigation Reform Act, 28 U.S.C. § 1915(g). I certify 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). A Judgment will be entered forthwith. IT IS SO ORDERED this 9th day of May, 2014. /s/Billy Roy Wilson UNITED STATES DISTRICT JUDGE 1 Doc. No. 13. 1

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