Burks v. Hobbs et al

Filing 7

ORDER APPROVING AND ADOPTING 4 RECOMMENDED DISPOSITION in all respects; dismissing Mr. Burks's claims with prejudice; finding that this dismissal will count as a "strike"; and certifying that an in forma pauperis appeal of this dismissal would be frivolous and not taken in good faith. Signed by Judge Kristine G. Baker on 04/22/2015. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
LARRY WAYNE BURKS
ADC #087014
v.
Case No. 5:14-cv-00319-KGB/BD
WENDY KELLEY, Director,
Arkansas Department of Correction1; et al.

PLAINTIFF

DEFENDANTS

ORDER
The Court has reviewed the Recommended Disposition (“Recommendation”) issued by
Magistrate Judge Beth Deere (Dkt. No. 4). Despite the Court granting plaintiff Larry Wayne
Burks’s motion for extension of time to file objections (Dkt. No. 5), no objections have been
filed, and the time for doing so has passed. After careful consideration, the Court finds that the
Recommendation should be, and hereby is, approved and adopted in all respects. Mr. Burks’s
claims are dismissed with prejudice. This dismissal will count as a “strike” for purposes of 28
U.S.C. § 1915(g). In addition, the Court certifies that an in forma pauperis appeal of this
dismissal would be frivolous and not taken in good faith.
SO ORDERED this the 22nd day of April, 2015.

________________________________
KRISTINE G. BAKER
UNITED STATES DISTRICT JUDGE

1

Wendy Kelley became Director of the Arkansas Department of Correction on January
13, 2015, and is automatically substituted as respondent pursuant to Federal Rule of Civil
Procedure 25(d).