Muhammad et al v. Hobbs et al
Filing
58
ORDER ADOPTING 56 Proposed Findings and Recommendations. Plaintiff's Complaint is DISMISSED without prejudice for failure to state a claim upon which relief may be granted. This dismissal constitutes a "strike" within the meaning of the PLRA. 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 James M. Moody Jr. on 2/3/2015. (mcz)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
BENJAMIN MUHAMMAD,
ADC #089586
v.
PLAINTIFF
5:14CV00375-JM-JTK
RAY HOBBS, et al.
DEFENDANTS
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 objections1 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 without prejudice, for
failure to state a claim upon which relief may be granted.
2.
This dismissal constitutes a “strike” within the meaning of the PLRA.
3.
The Court certifies that an in forma pauperis appeal from an Order and Judgment
dismissing this action would not be in good faith, pursuant to 28 U.S.C. § 1915(g).
An appropriate Judgment shall accompany this Order.
IT IS SO ORDERED this 3rd day of February, 2015.
__________________________________
JAMES M. MOODY, JR.
UNITED STATES DISTRICT JUDGE
1
The Court has reviewed Plaintiff’s Motion for Preliminary Injunction (ECF No. 57) and
deems it to be an objection to the proposed findings and recommendations.
1
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