Lane v. Huffman

Filing 6

ORDER adopting in their entirety 5 proposed findings and recommendations and dismissing Plaintiff's Complaint against Defendant for failure to state a claim. Dismissal of this action constitutes a "strike" within the meaning of the Prison Litigation Reform Act, 28 U.S.C. § 1915(g) and the Court certifies that an in forma pauperis appeal from this Order and Judgment would not be taken in good faith pursuant to 28 U.S.C. § 1915(a)(3).Signed by Judge Susan Webber Wright on 9/29/2016. (mef)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
THOMAS D. LANE,
ADC #160327
V.

PLAINTIFF

4:16CV00625-SWW-JTK

SCOTT HUFFMAN

DEFENDANT
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 Defendant is DISMISSED for failure to state a claim.

2.

Dismissal of this action constitutes a “strike” within the meaning of the Prison

Litigation Reform Act, 28 U.S.C. § 1915(g).
3.

The Court certifies that an in forma pauperis appeal from this Order and

accompanying Judgment 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 29th day of September, 2016.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE