Berger v. Gibson et al

Filing 8

ORDER approving and adopting 5 Proposed Findings and Recommended Disposition in their entirety; dismissing without prejudice Berger's complaint; and certifying that an in forma pauperis appeal from the order adopting this recommendation and accompanying judgment would not be taken in good faith. Dismissal of this action counts as a "strike". Signed by Judge Billy Roy Wilson on 11/27/2017. (cmn)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
RUSSELL BERGER
ADC #115855
VS.

PLAINTIFF

No: 5:17-cv-00250 BRW-PSH

JAMES GIBSON, et al.

DEFENDANTS
ORDER

I have reviewed the Proposed Findings and Recommended Disposition submitted by
United States Magistrate Judge Patricia S. Harris, and the objections filed. After carefully
considering the objections and the Amended Complaint filed on November 22, 2017, and
making a de novo review of the record in this case, I approve and adopt the Proposed Findings
and Recommended Disposition in their entirety.
Accordingly, Berger’s complaint is dismissed without prejudice for failure to state a
claim upon which relief may be granted.
Dismissal of this action counts as a “strike” within the meaning of 28 U.S.C. § 1915(g).
The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal
from the order adopting this recommendation and accompanying judgment would not be taken in
good faith.
IT IS SO ORDERED, this 27th day of November, 2017.

/s/ Billy Roy Wilson ____________
UNITED STATES DISTRICT JUDGE