Matthews v. Gober et al

Filing 12

ORDER adopting 11 Proposed Findings and Recommendations in their entirety as this Court's findings in all respects; dismissing this action without prejudice; recommending that this dismissal count as a "strike" for purposes of 28 U.S.C. § 1915(g); and certifying that an in forma pauperis appeal from this Order and accompanying Judgment would not be taken in good faith. Signed by Judge Kristine G. Baker on 1/18/2023. (jbh)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION ANTWAN MATTHEWS, ADC #108865 v. PLAINTIFF Case No. 4:22-cv-01001-KGB-JTK MARK GOBER, et al. DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Recommendations submitted by United States Magistrate Judge Jerome T. Kearney (Dkt. No. 11). Plaintiff Antwan Matthews has not filed objections, and the time to do so has passed. After careful consideration, the Court concludes that the Proposed Findings and Recommendations should be, and hereby are, approved and adopted in their entirety as this Court’s findings in all respects (Id.). It is therefore ordered that: 1. This action is dismissed without prejudice for failure to state a claim on which relief may be granted. 2. The Court recommends that this dismissal count as a “strike” for purposes 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 this Order and accompanying Judgment would not be taken in good faith. It is so ordered this 18th day of January, 2023. ________________________________ Kristine G. Baker United States District Judge

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