Burrows v. Hobbs et al

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATIONS 9 and dismissing the 1 Complaint filed by Zackury Scott Burrows for failure to state a claim. Dismissal of this action 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. Signed by Judge Kristine G. Baker on 7/26/13. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION ZACKURY SCOTT BURROWS, ADC #652156 v. PLAINTIFF 5:13CV00059-KGB-JTK RAY HOBBS, et al. DEFENDANTS ORDER The Court has received proposed findings and recommendations from United States Magistrate Judge Jerome T. Kearney. After carefully considering the objections and making a de novo review of the record in this case, the Court concludes that the proposed findings and recommendations should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects. Accordingly, IT IS, THEREFORE, ORDERED that: 1. Plaintiff’s Complaint against Defendants is dismissed for failure to state a claim. 2. Dismissal of this action constitutes 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 would not be taken in good faith pursuant to 28 U.S.C. § 1915(a)(3). An appropriate Judgment shall accompany this Order. SO ORDERED this 26th day of July, 2013. ________________________________ KRISTINE G. BAKER UNITED STATES DISTRICT JUDGE

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