Osburn v. Snyder et al
ORDER ADOPTING 8 Partial Report and Recommendations of Magistrate Judge, dismissing 7 Amended Complaint 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 Litigtation Reform Act. The court certifies 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 1/14/2014. (mcz)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
KENNETH R. OSBURN,
JIM SNYDER, et al.
The Court has received proposed findings and recommendations from United States
Magistrate Judge Jerome T. Kearney.
After a review of those proposed findings and
recommendations, and the timely objections received thereto, as well as a de novo review of
the record, the Court adopts them in their entirety. Accordingly,
IT IS, THEREFORE, ORDERED that:
Plaintiff’s Amended Complaint against Defendants 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 14th day of January, 2014.
JAMES M. MOODY
UNITED STATES DISTRICT JUDGE
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