Lester v. Phelps et al

Filing 15

ORDER adopting 7 Proposed Findings and Recommendations. Accordingly, Plaintiff's complaint against defendants is DISMISSED 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, 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). All other pending motions are denied as moot. Signed by Judge J. Leon Holmes on 5/16/2014. (ks)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
CHRISTOPHER MICHAEL LESTER,
ADC #101939
v.

PLAINTIFF

No. 5:14CV00099-JLH-JTK

BRADFORD J. PHELPS, et al.

DEFENDANTS
ORDER

The Court has received proposed findings and recommendations from United States
Magistrate Judge Jerome T. Kearney and the objections filed by the plaintiff. After a de novo
review, the Court adopts the proposed findings and recommendations. Accordingly,
IT IS, THEREFORE, ORDERED that:
1.

Plaintiff’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, 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).
4.

All other pending motions are DENIED as moot.

An appropriate Judgment shall accompany this Order.
IT IS SO ORDERED this 16th day of May, 2014.

__________________________________
J. LEON HOLMES
UNITED STATES DISTRICT JUDGE