Berry v. Carpenter et al

Filing 15

ORDER adopting 11 proposed findings and recommendations in their entirety; dismissing without prejudice Plaintiff's Complaint; finding that dismissal of this action constitutes a "strike" within the meaning of PLRA; certifying that an in forma pauperis appeal from an Order and Judgment dismissing this action would not be taken in good faith; and, denying without prejudice all pending motions as moot. Signed by Judge Susan Webber Wright on 6/14/2016. (mef)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION ROBERT EDWARD BERRY, ADC #160002 V. PLAINTIFF 4:16CV00268-SWW-JTK ABRAHAM CARPENTER, et al. DEFENDANTS ORDER 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: 1. Plaintiff’s Complaint against Defendants is DISMISSED without prejudice, to re-file after exhaustion of his available remedies. 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). 4. All pending Motions are DENIED without prejudice as moot. An appropriate Judgment shall accompany this Order. IT IS SO ORDERED this 14th day of June, 2016. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE

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