James v. Ross

Filing 10

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
WESTERN DIVISION
JIMMY DALE JAMES
v.

PLAINTIFF
Case No: 4:17-cv-00285 KGB/JTK

KENNETH ALEXANDER ROSS

DEFENDANT
ORDER

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:
1.

Plaintiff Jimmy Dale James’ complaint is dismissed without prejudice for failure to

state a claim upon which relief may be granted.
2.

Dismissal of this action constitutes a Astrike@ within the meaning of the Prison

Litigation Reform Act, 28 U.S.C. ' 1915(g).
3.

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