Gater v. Carvajal et al, No. 2:2020cv00146 - Document 46 (E.D. Ark. 2021)

Court Description: ORDER adopting 43 proposed findings and recommendations; granting 39 Defendants' motion to dismiss or, alternatively, motion for summary judgment; dismissing this case with prejudice; and counting this dismissal as a strike, and an in forma pauperis appeal would not be taken in good faith. Signed by Judge Brian S. Miller on 3/8/2021. (kdr)

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Gater v. Carvajal et al Doc. 46 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS DELTA DIVISION JERRY L. GATER Reg. #42525-044 v. PLAINTIFF CASE NO. 2:20-CV-00146-BSM MICHAEL D. CARVAJAL, et al. DEFENDANTS ORDER Having reviewed the entire record de novo, Magistrate Judge Joe J. Volpe’s proposed findings and recommendations [Doc. No. 43] is adopted. Defendants’ motion to dismiss or, alternatively, motion for summary judgment [Doc. No. 39] is granted, and this case is dismissed with prejudice. This dismissal counts as a strike, and an in forma pauperis appeal would not be taken in good faith. See 28 U.S.C. §§ 1915 (a)(3), (g). IT IS SO ORDERED this 8th day of March, 2021. UNITED STATES DISTRICT JUDGE Dockets.Justia.com

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