Gross v. Hutchinson et al, No. 4:2019cv00933 - Document 34 (E.D. Ark. 2020)

Court Description: ORDER approving and adopting 16 Proposed Findings and Recommendations; dismissing with prejudice 1 Complaint; denying 8 Mr. Gross' motion for a preliminary injunction; denying as moot Mr. Gross' other pending motions 18 - 21 , 24 - 26 , 23 - 30 , 32 - 33 ; constituting dismissal of this action as a "strike"; and certifying that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Kristine G. Baker on 8/6/2020. (kdr)

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Gross v. Hutchinson et al Doc. 34 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION TRUMAN COIN GROSS, ADC #135755 v. PLAINTIFF Case No. 4:19-cv-00933 KGB-JTK ASA HUTCHINSON, et al. DEFENDANTS ORDER Before the Court are Proposed Findings and Recommendations submitted by United States Magistrate Judge Jerome T. Kearney (Dkt. No. 16). Plaintiff Truman Coin Gross filed an objection, but his statements in his objection are not responsive to the Proposed Findings and Recommendations (Dkt. No. 17). After careful consideration of the 139-page complaint, the Proposed Findings and Recommendations, Mr. Gross’ objection, and a de novo review of the record, the Court concludes that the Proposed Findings and Recommendations should be, and hereby are, approved and adopted in their entirety as this Court’s findings in all respects (Dkt. No. 16). Accordingly, the Court dismisses with prejudice Mr. Gross’ complaint (Dkt. No. 1). The Court denies Mr. Gross’ motion for preliminary injunction (Dkt. No. 8). The Court also denies as moot Mr. Gross’ other pending motions (Dkt. Nos. 18-21, 24-26, 23-30, 32-33). Dismissal of this action constitutes a “strike” within the meaning of the Prison Litigation Reform Act, 28 U.S.C. § 1915(g). The Court certifies that an in forma pauperis appeal from this Order would not be taken in good faith, pursuant to 28 U.S.C. § 1915(g). It is so ordered this 6th day of August, 2020. __________________________________ Kristine G. Baker United States District Judge Dockets.Justia.com

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