Williams v. Kelley et al

Filing 11

ORDER adopting 8 proposed findings and recommendations in their entirety; dismissing plaintiff's claims against defendants for failure to state a claim upon which relief may be granted; denying as moot all pending motions; and certifying that an in forma pauperis appeal from an Order and Judgment dismissing this action would not be taken in good faith. Dismissal of this action constitutes a strike within the meaning of the Prison Litigation Reform Act, 28 U.S.C. § 1915(g). Signed by Judge J. Leon Holmes on 4/13/2018. (ljb)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION JOSE FELICIANO WILLIAMS, ADC #115281 v. PLAINTIFF No. 5:18CV00048-JLH-JTK WENDY KELLEY, et al. DEFENDANTS ORDER The Court has received proposed findings and recommendations from United States Magistrate Judge Jerome T. Kearney. After a review of those proposed findings and recommendations, and the timely objections received thereto, as well as a de novo review of the record, the Court adopts them in their entirety. Accordingly, IT IS, THEREFORE, ORDERED that: 1. Plaintiff=s claims against defendants are DISMISSED for failure to state a claim upon which relief may be granted. 2. All pending motions are DENIED as moot. 3. Dismissal of this action constitutes a “strike” within the meaning of the Prison Litigation Reform Act, 28 U.S.C. ' 1915(g). 4. The Court certifies that an in forma pauperis appeal from an Order and Judgment dismissing this action would not be taken in good faith, pursuant to 28 U.S.C. ' 1915(a)(3). An appropriate Judgment shall accompany this Order. IT IS SO ORDERED this 13th day of April, 2018. __________________________________ UNITED STATES DISTRICT JUDGE

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