Allen v. Emberton et al, No. 4:2020cv01168 - Document 11 (E.D. Ark. 2021)
Court Description: ORDER adopting 9 proposed findings and recommendations; dismissing without prejudice 8 Amended Complaint for failure to state a claim upon which relief may be granted; constituting dismissal of this action 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 Billy Roy Wilson on 01/20/2021. (ajt)
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Allen v. Emberton et al Doc. 11 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION MICHAEL EDWARD ALLEN, ADC #176724 V. PLAINTIFF 4:20CV01168-BRW-JTK LUCAS EMBERTON, et al. DEFENDANTS ORDER The Court has received proposed findings and recommendations from United States Magistrate Judge Jerome T. Kearney. There have been no objections. After a review of those proposed findings and recommendations, the Court adopts them in their entirety. Accordingly, IT IS, THEREFORE, ORDERED that: 1. Plaintiff’s 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 will accompany this Order. IT IS SO ORDERED this 20th day of January, 2021. Billy Roy Wilson________________ UNITED STATES DISTRICT JUDGE 1 Dockets.Justia.com
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