Willyard v. James et al
ORDER adopting 23 proposed findings and recommendations in their entirety; denying 21 Plaintiff's Motion to Amend; granting 15 Defendant's Motion to Dismiss; dismissing with prejudice Plaintiff's Complaint against Defendant as f rivolous and for failure to state a claim upon which relief may be granted; constituting as a "strike" dismissal of this action within the meaning of the Prison Litigation Reform Act (PLRA) 28 U.S.C. § 1915(g); and certifying 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). Signed by Judge Susan Webber Wright on 1/9/2017. (mef)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CAREY JAMES, 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 Motion to Amend (Doc. No. 21) is DENIED.
Defendant’s Motion to Dismiss (Doc. NO. 15) is GRANTED.
Plaintiff’s Complaint against Defendant is DISMISSED with prejudice, as frivolous
and 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).1
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).
The statute provides that a prisoner may not file an in forma pauperis civil rights action or
appeal if the prisoner has, on three or more prior occasions, filed an action or appeal that was
dismissed as frivolous, malicious or for failure to state a claim, unless the prisoner is under imminent
danger of serious physical injury.
An appropriate Judgment shall accompany this Order.
IT IS SO ORDERED this 9th day of January, 2017.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE
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