Garcia v. LaMandry
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
CASE NO. 4:17-CV-00074 BSM
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
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