Simmons v. Jackson County Arkansas et al

Filing 9

ORDER ADOPTING 7 Proposed Findings and Recommended Disposition. This case is dismissed without prejudice for failing to state a claim on which relief may be granted. Dismissal of this action constitutes a strike. An in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Kristine G. Baker on 2/18/2015. (mcz)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION SHERWOOD SIMMONS V. PLAINTIFF Case No. 1:14-cv-00022 KGB/JTR JACKSON COUNTY ARKANSAS; and BROCK, Chief Deputy DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge J. Thomas Ray (Dkt. No. 7). No objections have been filed, and the time for filing objections has passed. After careful review, the Court concludes that the Proposed Findings and Recommended Disposition should be, and hereby are, approved and adopted in their entirety as this Court’s findings in all respects. It is therefore ordered that: 1. Pursuant to 28 U.S.C. § 1915A, this case is dismissed without prejudice for failing to state a claim on which relief may be granted. 2. Dismissal of this action constitutes a strike, as defined by 28 U.S.C. § 1915(g). 3. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order would not be taken in good faith. SO ORDERED this 18th day of February, 2015. KRISTINE G. BAKER UNITED STATES DISTRICT JUDGE

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