Adams v. Rayner et al

Filing 8

ORDER ADOPTING 6 PROPOSED FINDINGS AND RECOMMENDATIONS in their entirety; dismissing Mr. Adams's 5 amended complaint for failure to state a claim upon which relief can be granted; finding that this dismissal of Mr. Adams's action constitutes a "strike"; and certifying 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 05/11/2015. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JOHN E. ADAMS
v.

PLAINTIFF
Case No. 5:14-cv-150-KGB

ERICA RAYNER, et al.

DEFENDANTS
ORDER

The Court has received the Proposed Findings and Recommendations from United States
Magistrate Judge Jerome T. Kearney (Dkt. No. 6) and the objections filed by plaintiff John E.
Adams (Dkt. No. 7). After a review of the Proposed Findings and Recommendations and Mr.
Adams’s objections, as well as a de novo review of the record, the Court adopts the Proposed
Findings and Recommendations in their entirety.
IT IS, THEREFORE, ORDERED that:
1.

Mr. Adams’s amended complaint against defendants is dismissed for failure to
state a claim upon which relief can be granted.

2.

This dismissal of Mr. Adams’s 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).

SO ORDERED this 11th day of May, 2015.

_______________________________
Kristine G. Baker
United States District Judge