Kennedy v. Kelley et al
ORDER approving and adopting in their entirety the 4 Proposed Findings and Recommended Disposition as this Court's findings in all respects; dismissing without prejudice Bart A. Kennedy's 2 complaint for failure to state a claim upon w hich relief may be granted; and certifying that an in forma pauperis appeal taken from the order and judgment dismissing this action is considered frivolous and not in good faith. This dismissal counts as a "strike" for purposes of 28 U.S.C. § 1915(g). Signed by Judge J. Leon Holmes on 12/29/2016. (ljb)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
BART A. KENNEDY
WENDY KELLEY et al
The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge Patricia S. Harris. No objections have been filed. After careful
consideration, 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
IT IS THEREFORE ORDERED THAT:
Plaintiff Bart A. Kennedy’s complaint is DISMISSED WITHOUT PREJUDICE for
failure to state a claim upon which relief may be granted.
This dismissal counts as a “strike” for purposes of 28 U.S.C. § 1915(g).
The Court certifies that an in forma pauperis appeal taken from the order and
judgment dismissing this action is considered frivolous and not in good faith.
DATED this 29th day of December, 2016.
UNITED STATES DISTRICT JUDGE
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