Berry v. Carpenter et al
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)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
ROBERT EDWARD BERRY,
ABRAHAM CARPENTER, 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 Complaint against Defendants is DISMISSED without prejudice, to re-file
after exhaustion of his available remedies.
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 Judgment
dismissing this action would not be taken in good faith, pursuant to 28 U.S.C. § 1915(a)(3).
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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