Bower v. Hobbs

Filing 6

ORDER adopting 4 Proposed Findings and Recommendations in their entirety. Plaintiff's complaint against defendants is DISMISSED with prejudice for failure to state a claim. Dismissal of this action constitutes a "strike" within the m eaning of the Prison Litigation Reform Act (PLRA), 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. Signed by Judge J. Leon Holmes on 10/9/2014. (ks)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION RICHARD BOWER, ADC #144498 v. PLAINTIFF No. 5:14CV00323 JLH-JTK RAY HOBBS, Director, Arkansas Department of Correction DEFENDANT ORDER The Court has received proposed findings and recommendations from United States Magistrate Judge Jerome T. Kearney. After a review of those proposed findings and recommendations, and the timely objections received thereto, as well as a de novo review of the record, the Court adopts them in their entirety. Accordingly, IT IS, THEREFORE, ORDERED that: 1. Plaintiff’s complaint against defendants is DISMISSED with prejudice for failure to state a claim. 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). An appropriate Judgment shall accompany this Order. IT IS SO ORDERED this 9th day of October, 2014. ___________________________________ J. LEON HOLMES UNITED STATES DISTRICT JUDGE

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