Garcia v. LaMandry

Filing 6

ORDER 5 the recommended disposition; dismissing without prejudice 2 plaintiff Andres Garcia's complaint for failure to state a claim, which constitutes a strike under the Prison Litigation Reform Act. An in forma pauperis appeal would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 4/5/2017. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
ANDRES GARCIA
ADC #146619
v.

PLAINTIFF

CASE NO. 4:17-CV-00074 BSM

BRIANN LAMANDRY

DEFENDANT
ORDER

The recommended disposition (“RD”) submitted by United States Magistrate Judge
Jerome T. Kearney [Doc. No. 5] has been reviewed. No objections were filed. After
reviewing the record, the RD is adopted.
Accordingly, plaintiff Andres Garcia’s complaint [Doc. No. 2] is dismissed without
prejudice for the failure to state a claim, which constitutes a strike under the Prison Litigation
Reform Act. See 28 U.S.C. § 1915(g). An in forma pauperis appeal would not be taken in
good faith. See id. § 1915(a)(3).
IT IS SO ORDERED this 5th day of April 2017.

_______________________________
UNITED STATES DISTRICT JUDGE