Trainor v. Gilkey et al

Filing 13

ORDER Adopting 11 Proposed Findings and Recommendation. Trainor's complaint is dismissed without prejudice for failure to state a claim upon which relief may be granted. Dismissal of this action counts as a "strike" within the meaning of 28 U.S.C. § 1915(g). I certify that an in forma pauperis appeal from this order would not be taken in good faith. Signed by Judge Billy Roy Wilson on 10/24/2017. (mcz)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION RORY TRAINOR ADC #116197 VS. PLAINTIFF NO: 4:17-CV-00415 BRW BILL GILKEY, et al. DEFENDANTS ORDER I have reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Patricia S. Harris. No objections have been filed. After careful consideration, I approve and adopt that the Proposed Findings and Recommended Disposition in all respects. Accordingly, Trainor’s complaint is dismissed without prejudice for failure to state a claim upon which relief may be granted. Dismissal of this action counts as a “strike” within the meaning of 28 U.S.C. § 1915(g). I certify, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from the order adopting this recommendation would not be taken in good faith. IT IS SO ORDERED this 24th day of October, 2017. /s/ Billy Roy Wilson ______________ UNITED STATES DISTRICT JUDGE

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