Morrow v. Kelly et al

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATIONS 9 and dismissing 2 Complaint filed by Berry Morrow. Dismissal of this action constitutes a strike. 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 8/20/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
BERRY MORROW,
ADC #143825
v.

PLAINTIFF

Case No. 5:13CV00137-KGB-JTK

NICOLA KELLY, et al.

DEFENDANTS
ORDER

The Court has received proposed findings and recommendations from United States
Magistrate Judge Jerome T. Kearney. There have been no objections. After a review of those
proposed findings and recommendations, the Court adopts them in their entirety. Accordingly,
IT IS, THEREFORE, ORDERED that:
1. Plaintiff Berry Morrow’s complaint against defendants is dismissed, for failure to state a
claim upon which relief may be granted.
2. Dismissal of this action constitutes a “strike” within the meaning of the Prison Litigation
Reform Act (PLRA), 28 U.S.C. § 1915(g). 1
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.

1

The statute provides that a prisoner may not file an in forma pauperis civil rights action or
appeal if the prisoner has, on three or more prior occasions, filed an action or appeal that was
dismissed as frivolous, malicious or for failure to state a claim, unless the prisoner is under
imminent danger of serious physical injury.

SO ORDERED this 20th day of August, 2013.

________________________________
KRISTINE G. BAKER
UNITED STATES DISTRICT JUDGE

2