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)

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