Bailey v. Grandy, No. 4:2019cv00906 - Document 5 (E.D. Ark. 2020)

Court Description: ORDER adopting in their entirety 3 proposed findings and recommendations; and dismissing with prejudice 2 Plaintiff's Complaint against Defendant as barred by re judicata and for failure to state a claim. Dismissal of this action constitute s 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 an Order and Judgment dismissing this action would not be taken in good faith. Signed by Judge Lee P. Rudofsky on 01/06/2020. (ajt)

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Bailey v. Grandy Doc. 5 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION THOMAS DORSEY BAILEY, III ADC #148850 V. PLAINTIFF 4:19CV00906-LPR-JTK KANESHA N. GRANDY DEFENDANT ORDER The Court has received proposed findings and recommendations from United States Magistrate Judge Jerome T. Kearney. Doc. 3. There have been no objections. After a review of those proposed findings and recommendations, the Court adopts them in their entirety. 1 Accordingly, it is ORDERED that: 1. Plaintiff’s Complaint against Defendant is DISMISSED with prejudice as barred by res judicata and for failure to state a claim. 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. 1 To the extent Judge Kearney’s previous decision and present decision suggest that verbal threats or sexual harassment without physical contact could never rise to the level of a constitutional violation, I do not believe this case requires the Court to address the breadth of those principles. It is enough to say that the allegations pled in this case would not rise to the level of a constitutional violation, even if proven. Plus, res judicata bars the claims. 1 Dockets.Justia.com IT IS SO ORDERED, this 6th day of January 2020. Lee P. Rudofsky UNITED STATES DISTRICT JUDGE 2

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