Johnston v. Gilky

Filing 7

ORDER approving and adopting 6 Proposed Findings and Recommendation in their entirety as this Court's findings in all respects; dismissing Johnston's claims without prejudice for failure to state a claim upon which relief may be granted; and certifying, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from the order adopting this recommendation or the accompanying judgment would not betaken in good faith. Dismissal of this action counts as a "strike" within the meaning of 28 U.S.C. § 1915(g). Signed by Judge Lee P. Rudofsky on 04/28/2021. (llg)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
JEREMY JOHNSTON
v.

PLAINTIFF
No: 4:20-cv-01135-LPR-PSH

BILL GILKY

DEFENDANT
ORDER

The Court has reviewed the Proposed Findings and Recommendation submitted by United
States Magistrate Judge Patricia S. Harris. (Doc. 6). No objections have been filed. After careful
consideration, the Court concludes that the Proposed Findings and Recommendation should be,
and hereby are, approved and adopted in their entirety as this Court’s findings in all respects.
IT IS THEREFORE ORDERED THAT:
1.

Johnston’s claims are dismissed without prejudice for failure to state a claim upon

which relief may be granted.
2.

Dismissal of this action counts as a “strike” within the meaning of 28 U.S.C. §

1915(g).
3.

The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis

appeal from the order adopting this recommendation or the accompanying judgment would not be
taken in good faith.
Dated this 28th day of April 2021.
________________________________
LEE P. RUDOFSKY
UNITED STATES DISTRICT JUDGE