Harvey v. Kelley et al

Filing 5

ORDER adopting in their entirety 4 the proposed findings and recommendations, and dismissing without prejudice Harvey's complaint; constituting this dismissal as a strike; and certifying that an in forma pauperis appeal would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 5/25/2018. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
PETER KEITH HARVEY
ADC #149585
v.

PLAINTIFF

CASE NO. 5:18-CV-00111 BSM

WENDY KELLEY, Director,
Arkansas Department of Correction, et al.

DEFENDANTS

ORDER
The proposed findings and recommendations submitted by United States Magistrate
Judge Joe J. Volpe [Doc. No. 4] have been received. Plaintiff Peter Harvey has not filed
objections. After careful consideration, the proposed findings and recommendations are
adopted in their entirety, and Harvey’s complaint is dismissed without prejudice. This
dismissal constitutes a strike for the purposes of 28 U.S.C. section 1915(g), and it is certified
that an in forma pauperis appeal would not be taken in good faith.
IT IS SO ORDERED this 25th day of May 2018.

________________________________
UNITED STATES DISTRICT JUDGE