Bain v. Randall et al

Filing 9

ORDER adopting the proposed findings and recommendations 7 ; plaintiff's complaint against defendants is dismissed without prejudice, for failure to state a claim upon which relief may be granted; dismissal of this action constitutes a "st rike"; 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 Billy Roy Wilson on 6/30/2016. (tjb) (Docket text modified on 6/30/2016 to correct the signature date.) (thd).

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
JOHN MARTIN BAIN
VS.

PLAINTIFF
4:16CV00211-BRW-JTK

JOHN RANDALL, 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 Complaint against Defendants is DISMISSED without prejudice, 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).
IT IS SO ORDERED this 30th day of June, 2016.

/s/ Billy Roy Wilson
UNITED STATES DISTRICT JUDGE

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