Leggins v. Warren et al

Filing 16

ORDER adopting Proposed Findings and Recommendations in their entirety; dismissing without prejudice Mr. Leggins's 1 Complaint for failure to state a claim; dismissing all pending motions as moot; finding that dismissal of this action constitutes a "strike"; and certifying that an informa pauperis appeal from an Order and Judgment dismissing this action would not be taken in good faith. Signed by Judge Kristine G. Baker on 05/27/2015. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JAMES LEGGINS,
ADC #79825
v.

PLAINTIFF

Case No. 5:14-cv-00342-KGB-JTK

DR. WARREN, et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Recommendations submitted by United
States Magistrate Judge Jerome T. Kearney (Dkt. No. 12) and the objections filed by plaintiff James
Leggins (Dkt. No. 15). After a review of the Proposed Findings and Recommendations, and the
timely objections received thereto, as well as a de novo review of the record, the Court adopts the
Proposed Findings and Recommendations in their entirety.
The Court acknowledges that Mr. Leggins attempted to file an amended complaint after the
Proposed Findings and Recommendations were submitted and after the deadline Judge Kearney set
for Mr. Leggins to submit an amended complaint to cure the deficiencies in his original complaint
(Dkt. No. 14). However, Mr. Leggins’s proposed amended complaint does not cure the deficiencies
in Mr. Leggins’s original complaint identified in the Proposed Findings and Recommendations.
It is therefore ordered that:
1.

The Court dismisses without prejudice Mr. Leggins’s complaint for failure to state

a claim upon which relief may be granted.
2.

All pending motions are denied as moot.

3.

Dismissal of this action constitutes a “strike” within the meaning of the Prison

Litigation Reform Act (“PLRA”), 28 U.S.C. § 1915(g).

4.

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 the 27th day of May, 2015.

__________________________________
KRISTINE G. BAKER
UNITED STATES DISTRICT JUDGE

2