Willis v. Harris et al
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)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JOHNNIE HARRIS, et al.
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:
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
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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