Wood v. Kelley et al

Filing 10

ORDER adopting 5 proposed findings and recommendations in their entirety; dismissing Plaintiff's Complaint for failure to state a claim upon which relief may be granted; constituting dismissal of this action as a "strike" within th e 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 2/17/2017. (mef)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
HOWARD WOOD,
ADC #155339
V.

PLAINTIFF
4:16CV00891-SWW-JTK

WENDY KELLEY, 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 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 17th day of February, 2017.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

1