Pearcy v. Kelley et al

Filing 6

ORDER ADOPTING 4 the recommended disposition and dismissing without prejudice, 2 Percy's Complaint. This dismissal constitutes a "strike" within the meaning of 28 U.S.C. § 1915(g). It is certified that an in forma pauperis appeal would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 12/4/2015. (kdr)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION KEVIN RAY PEARCY ADC #146408 v. PLAINTIFF CASE NO. 5:15-CV00305 BSM WENDY KELLEY, et al. DEFENDANTS ORDER The recommended disposition (“RD”) submitted by United States Magistrate Judge Jerome T. Kearney [Doc. No. 4] and Pearcy’s letter to the court [Doc. No. 5] have been reviewed. After careful consideration, the RD is adopted in all respects. Accordingly, Pearcy’s complaint [Doc. No. 2] is dismissed without prejudice, and dismissal constitutes a “strike” within the meaning of 28 U.S.C. § 1915(g). It is certified that an in forma pauperis appeal would not be taken in good faith. IT IS SO ORDERED this 4th day of December 2015. UNITED STATES DISTRICT JUDGE

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