Boyles v. Montgomery et al, No. 4:2016cv00008 - Document 7 (E.D. Ark. 2016)
Court Description: ORDER adopting the 5 Proposed Findings and Recommendations; dismissing Mr. Boyles's 2 complaint without prejudice; finding that this dismissal be considered a "strike"; and certifying that an in forma pauperis appeal from this order and the corresponding judgment dismissing this action will not be taken in good faith. Signed by Judge Kristine G. Baker on 12/06/2016. (rhm)
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Boyles v. Montgomery et al Doc. 7 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION DAVID WAYNE BOYLES v. PLAINTIFF 4:16-cv-00008-KGB-JTK SCOTT MONTGOMERY, et al. DEFENDANTS ORDER The Court has received Proposed Findings and Recommendations from United States Magistrate Judge Jerome T. Kearney (Dkt. No. 5). The Proposed Findings and Recommendations recommend that this Court dismiss without prejudice Mr. Boyles’s complaint for failure to state a claim upon which relief can be granted. No objections to the Proposed Findings and Recommendations have been filed, and the time for filing objections has passed. After careful review, the Court adopts the Proposed Findings and Recommendations (Dkt. No. 5). It is therefore ordered that Mr. Boyles’s complaint is dismissed without prejudice. This dismissal be considered a “strike” within the meaning of the Prison Litigation Reform Act (PLRA), 28 U.S.C. § 1915(g). The Court certifies that an in forma pauperis appeal from this order and the corresponding judgment dismissing this action will not be taken in good faith pursuant to 28 U.S.C. § 1915(a)(3). It is so ordered this 6th day of December, 2016. ______________________________________ KRISTINE G. BAKER UNITED STATES DISTRICT JUDGE Dockets.Justia.com
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