Markcum v. Ryals et al

Filing 7

ORDER Adopting 5 Proposed Findings and Recommendations. Plaintiff's Complaint against Defendants is dismissed without prejudice, for failure to state a claim upon which relief may be granted. Dismissal of this action constitutes a "strike" within the meaning of the PLRA, 28 U.S.C. Section 1915(g). I certify that an in forma pauperis appeal would not be taken in good faith. Signed by Judge Billy Roy Wilson on 3/12/2018. (mcz)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION DILLON MARKCUM, ADC #660047 VS. PLAINTIFF 4:18CV00036-BRW-JTK TIM RYALS, et al. DEFENDANTS ORDER The Court has received proposed findings and recommendations from United States Magistrate Judge Jerome T. Kearney. There have been no objections. After a review of those proposed findings and recommendations, the Court adopts them in their entirety. Accordingly, Plaintiff=s Complaint against Defendants is DISMISSED without prejudice, for failure to state a claim upon which relief may be granted. Dismissal of this action constitutes a “strike” within the meaning of the Prison Litigation Reform Act (PLRA), 28 U.S.C. ' 1915(g). I certify that an in forma pauperis appeal would not be taken in good faith, pursuant to 28 U.S.C. ' 1915(a)(3). An appropriate Judgment wil accompany this Order. IT IS SO ORDERED this 12th day of March, 2018. /s/ Billy Roy Wilson_________________ UNITED STATES DISTRICT JUDGE

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