McCollums v. Kelly et al

Filing 8

ORDER approving and adopting the 6 Recommended Disposition as this Court's findings in all respects; dismissing, with prejudice, Mr. McCollums's claims based on his failure to state a constitutional claim; and certifying that an in forma pauperis appeal of this dismissal would be frivolous and not taken in good faith. This dismissal constitutes a "strike" for purposes of 28 U.S.C. § 1915(g). Signed by Judge James M. Moody Jr. on 2/21/2017. (ljb)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION TROY McCOLLUMS, ADC #136591 V. PLAINTIFF CASE NO. 5:17-CV-00019 JM/BD WENDY KELLY, et al. DEFENDANTS ORDER The Court has received a Recommended Disposition (“Recommendation”) from Magistrate Judge Beth Deere. After a careful consideration of the Recommendation, Mr. McCollums’s timely objections, and upon a de novo review of the record, the Court concludes that the Recommendation should be, and hereby is, approved and adopted as this Court’s findings in all respects. Mr. McCollums’s claims are DISMISSED, with prejudice, based on his failure to state a constitutional claim. The Court certifies that this dismissal constitutes a “strike” for purposes of 28 U.S.C. § 1915(g) and that an in forma pauperis appeal of this dismissal would be frivolous and not taken in good faith. IT IS SO ORDERED, this 21st day of February, 2017. ________________________________ UNITED STATES DISTRICT JUDGE

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