Eldridge v. Kelley et al

Filing 11

ORDER approving and adopting 6 Proposed Findings and Recommended Disposition in their entirety as this Court's findings in all respects and dismissing without prejudice this case for failure to state a claim upon which relief may be granted. This dismissal shall be counted as a strike as defined by 28 U.S.C. § 1915(g) and the Court certifies that an in forma pauperis appeal from this order and accompanying judgment would not be taken in good faith. Signed by Judge Susan Webber Wright on 10/20/2016. (mef)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
EDWARD I. ELDRIDGE, SR.
ADC #157109
V.

PLAINTIFF
NO. 5:16CV00202 SWW/JTR

WENDY KELLEY, Director,
Arkansas Department of Correction, et al.

DEFENDANTS

ORDER
The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge J. Thomas Ray and Plaintiff’s objections. After careful
review, including a de novo review of pertinent portions of the record, the Court concludes that
the Proposed Findings and Recommended Disposition should be, and hereby are, approved and
adopted in their entirety as this Court's findings in all respects. Judgment will be entered
accordingly. IT IS THEREFORE ORDERED THAT:
1. This case is hereby DISMISSED, WITHOUT PREJUDICE, for failure to state
a claim upon which relief may be granted.
2. This dismissal shall be counted as a STRIKE, as defined by 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 and the accompanying judgment would not be
taken good faith.
IT IS SO ORDERED THIS 20TH DAY OF OCTOBER, 2016.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE