James v. Ross
ORDER adopting 9 Proposed Findings and Recommendations in their entirety; dismissing without prejudice Plaintiff Jimmy Dale James' complaint for failure to state a claim upon which relief may be granted; constituting dismissal of this action as a "strike" within the meaning of the Prison Litigation Reform Act; and certifying that an in forma pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith. Signed by Judge Kristine G. Baker on 8/28/2017. (mef)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JIMMY DALE JAMES
Case No: 4:17-cv-00285 KGB/JTK
KENNETH ALEXANDER ROSS
The Court has received Proposed Findings and Recommendations from United States
Magistrate Judge Jerome T. Kearney (Dkt. No. 9). There have been no objections. After a review
of those Proposed Findings and Recommendations, the Court adopts them in their entirety (Id.).
It is therefore ordered that:
Plaintiff Jimmy Dale James’ complaint is dismissed without prejudice for failure to
state a claim upon which relief may be granted.
Dismissal of this action constitutes a Astrike@ within the meaning of the Prison
Litigation Reform Act, 28 U.S.C. ' 1915(g).
The Court certifies that an in forma pauperis appeal from this Order and the
accompanying Judgment would not be taken in good faith, pursuant to 28 U.S.C. ' 1915(a)(3).
Dated this the 28th day of August, 2017.
Kristine G. Baker
United States District Judge
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