Perry v. Lowe et al

Filing 9

ORDER approving and adopting 7 Recommended Disposition as this Court's findings in all respects; dismissing Plaintiff's 1 complaint without prejudice for failure to state a claim; finding that dismissal of this action counts as a "strike"; and certifying that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Kristine G. Baker on 01/06/2016. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JOE PERRY, JR.
ADC #155237
v.

PLAINTIFF

Case No. 5:15-cv-00233 KGB/BD

JOHN LOWE, et al.

DEFENDANTS
ORDER

The Court has reviewed the Recommended Disposition submitted by United States
Magistrate Judge Beth Deere and plaintiff Joe Perry, Jr.’s objections, which were timely filed
(Dkt. Nos. 7, 8). After carefully considering the Recommended Disposition and objections, and
after making a de novo review of the record, the Court concludes the Recommended Disposition
should be, and hereby is, approved and adopted in its entirety as this Court's findings in all
respects.
It is therefore ordered that:
1.

Plaintiff’s complaint is dismissed without prejudice for failure to state a claim

upon which relief may be granted (Dkt. No. 1).
2.

Dismissal of this action counts as a “strike” for purposes of 28 U.S.C. § 1915(g).

3.

The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis

appeal from this Order would not be taken in good faith.
Dated this 6th day of January, 2016.

________________________________
Kristine G. Baker
United States District Judge