Holdford v. Reynolds, No. 4:2019cv00019 - Document 7 (E.D. Ark. 2019)
Court Description: ORDER adopting in their entirety 3 the proposed findings and recommendations; dismissing Plaintiff's Complaint and Amended Complaint, without prejudice, for failure to state a claim upon which relief may be granted; constituting this dismissal as a "strike"; and certifying that an in forma pauperis appeal from an Order and Judgment dismissing this action would not be taken in good faith. Signed by Judge James M. Moody Jr. on 1/25/2019. (kdr)
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Holdford v. Reynolds Doc. 7 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION TIMOTHY A. HOLDFORD V. PLAINTIFF 4:19CV00019-JM-JTK REYNOLDS DEFENDANT 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, the timely objections received thereto, as well as a de novo review of the record including Plaintiff’s Amended complaint, the Court adopts them in their entirety. Accordingly, IT IS, THEREFORE, ORDERED that: 1. Plaintiff’s Complaint and Amended Complaint against Defendants is DISMISSED without prejudice, for failure to state a claim upon which relief may be granted. 2. Dismissal of this action constitutes a “strike” within the meaning of the Prison Litigation Reform Act (PLRA), 28 U.S.C. § 1915(g). 3. 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 25th day of January, 2019. _________________________________ JAMES M. MOODY, JR. UNITED STATES DISTRICT JUDGE 1 Dockets.Justia.com
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