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)

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