Racy et al v. Lewis et al

Filing 12

ORDER adopting 6 Magistrate Judge Jerome T. Kearney's Proposed Findings and Recommendations. Signed by Judge D. P. Marshall Jr. on 8/2/2011. (dmn)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION DOTTIE DESHAEE RACY, ADC #708533; and CINDY RENEE GUY, ADC #711235 v. PLAINTIFFS Case No. 5:11-cv-155-DPM LEWIS, ADAMS, TYLER, and BOLDEN DEFENDANTS ORDER The Court has considered Magistrate Judge Jeronle T. Kearney's Proposed Findings and Recommendations, Document No.6. No one has objected. Having reviewed the proposal for clear errors of fact on the face of the record, FED. R. ClV. P. 72(b) (advisory committee notes to 1983 addition), and for legal error, the Court adopts the proposal as its own with one modification: the citation to Twombly should be to page 570. Racy and Guy's complaint is dismissed without prejudice. This dismissal constitutes a "strike" for purposes of 28 U.S.C. § 1915(g). The Court certifies that an in forma pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith. 28 U.s.C. § 1915(a)(3). So Ordered. ~. D.P. Marshall Jr. United States District Judge -2­

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