United States District Court, E.D. Arkansas, Pine Bluff Division
August 26, 2014
DAVID LEE SPARKS ADC #143843, Plaintiff,
SGT. HUGHES, et al., Defendants.
JAMES M. MOODY, Jr., District Judge.
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 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.