Bower v. Hobbs et al

Filing 6

ORDER ADOPTING 4 PROPOSED FINDINGS AND RECOMMENDATIONS in their entirety; dismissing Plaintiff's 2 complaint for failure to state a claim; finding that dismissal of this 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 Chief Judge Brian S. Miller on 10/27/2014. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
RICHARD BOWER,
ADC #144498
v.

PLAINTIFF

CASE NO. 5:14CV00318 BSM

RAY HOBBS, Director, Arkansas Department
of Correction, et al.

DEFENDANTS

ORDER
The proposed findings and recommendations from United States Magistrate Judge
Jerome T. Kearney have been received. After careful consideration of the timely objections,
as well as a de novo review of the record, the proposed findings and recommendations are
adopted in their entirety. 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 (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).
IT IS SO ORDERED this 27th day of October 2014.

________________________________
UNITED STATES DISTRICT JUDGE

0