Holder v. Cashion et al

Filing 7

ORDER ADOPTING 5 the proposed findings and recommendations; and dismissing 4 plaintiff's amended complaint, for failure to state a claim upon which relief may be granted. Dismissal of this action constitutes a "strike" within the meaning of the Prison Litigation Reform Act. It is certified that an in forma pauperis appeal from an order and judgment dismissing this action would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 10/28/2013. (kdr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
LOY HOLDER,
ADC #114988
v.

PLAINTIFF

CASE NO. 5:13CV00229-BSM

MARK CASHION, et al.

DEFENDANTS
ORDER

The proposed findings and recommendations from United States Magistrate Judge
Jerome T. Kearney and the objections filed by the plaintiff have been reviewed. After careful
consideration and a de novo review of the record, it is found that the proposed findings and
recommended disposition should be, and hereby are, approved and adopted in their entirety.
IT IS, THEREFORE, ORDERED that:
1.

Plaintiff’s amended complaint [Doc. No. 4] 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).
3.

It is certified 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).
IT IS SO ORDERED this 28th day of October 2013.

______________________________________
UNITED STATES DISTRICT JUDGE