Baldwin v. Montgomery et al
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
JOSEPH DALE BALDWIN
JEFF MONTGOMERY, et al.
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:
Plaintiff’s Complaint against Defendants is DISMISSED without prejudice, 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).
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
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