Harvey v. Lay et al

Filing 9

ORDER adopting and approving 6 the proposed findings and recommendations; dismissing, with prejudice, 4 Plaintiff's Amended Complaint against Defendants for failure to state a claim upon which relief may be granted. This dismissal is con sidered a "strike" within the meaning of the Prison Litigation Reform Act. The Court certifies that an in forma pauperis appeal from an Order and Judgment dismissing this action will not be taken in good faith. Signed by Judge Susan Webber Wright on 2/21/2013. (kdr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
SIDNEY HARVEY,
ADC #081397
v.

PLAINTIFF

5:12-cv-00429-SWW-JTK

GAYLON LAY, 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 in accordance with 28 U.S.C. § 636(b)(1)(C), the Court adopts them in their entirety.
Accordingly,
IT IS, THEREFORE, ORDERED that:
1.

Plaintiff’s Amended Complaint against Defendants is DISMISSED with prejudice,

for failure to state a claim upon which relief may be granted.
2

This dismissal is considered a “strike” within the meaning of the Prison Litigation

Reform Act (PLRA), 28 U.S.C. § 1915(g).
3.

The Court certifies that an in forma pauperis appeal from an Order and Judgment

dismissing this action will not be taken in good faith. 28 U.S.C. § 1915(a)(3).
An appropriate Judgment shall accompany this Order.
IT IS SO ORDERED this 21st day of February 2013.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE