Willis v. Harris et al

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATIONS againt Defendants without prejudice to Plaintiff's right to reassert his claim should his disciplinary be invalidated by a state tribual or federal court. Dismissal of Plaintiff's complaint constitutes a "strike" and the Court certifies that an in forma pauperis appeal from an Order and Judgment dismissing this action would not be taken in good faith. Signed by Judge Susan Webber Wright on 9/19/11. (pag)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION SAMARI WILLIS, ADC #140707 V. PLAINTIFF 5:11-cv-00210-SWW-JTK JOHNNIE HARRIS, et al. DEFENDANTS ORDER The Court has received proposed findings and recommendations from United States Magistrate Judge Jerome T. Kearney. After a review of those proposed findings and recommendations, and the timely objections received thereto, as well as a de novo review of the record, the Court adopts them in their entirety. Accordingly, IT IS, THEREFORE, ORDERED that: 1. Plaintiff’s Complaint against Defendants is DISMISSED without prejudice to Plaintiff’s right to reassert his claim should his disciplinary be invalidated by a state tribunal or federal court. 2. Dismissal of Plaintiff’s complaint constitutes a “strike” within the meaning of the Prison Litigation Reform Act (PLRA), 28 U.S.C. § 1915(g). The Court certifies that an in forma pauperis appeal from an Order and Judgment dismissing this action would not be taken in good faith, pursuant to 28 U.S.C. § 1915(a)(3). An appropriate Judgment shall accompany this Order. IT IS SO ORDERED this 19th day of September, 2011. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE

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