Baldwin v. Montgomery et al

Filing 8

ORDER adopting the 6 proposed findings and recommendations in their entirety; dismissing without prejudice Plaintiff's Complaint against Defendants, for failure to state a claim upon which relief may be granted; and certifying that an in for ma pauperis appeal from an Order and Judgment dismissing this action would not be taken in good faith. Dismissal of this action constitutes a "strike" within the meaning of the PrisonLitigation Reform Act (PLRA), 28 U.S.C. § 1915(g). Signed by Judge J. Leon Holmes on 2/15/2017. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
JOSEPH DALE BALDWIN
v.

PLAINTIFF
No. 4:16CV00862-JLH-JTK

JEFF MONTGOMERY, 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).
An appropriate Judgment shall accompany this Order.
IT IS SO ORDERED this 15th day of February, 2017.

_________________________________
J. LEON HOLMES
UNITED STATES DISTRICT JUDGE