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)

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

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