Simmons v. Jackson County et al

Filing 7

ORDER adopting as modified 5 REPORT AND RECOMMENDATIONS. Simmons has not stated a constitutional claim against Jackson County or Smith. All claims will be dismissed without prejudice. This dismissal counts as a strike. The Court certifies that an in forma pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 4/7/2014. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION

PLAINTIFF

SHERWOOD SIMMONS

No. 1:14-cv-24-DPM-HDY

v.

JACKSON COUNTY and MIKE SMITH,
Administrator, Jackson County Jail

DEFENDANTS

ORDER

Opposed recommendation, NQ 5, adopted as modified.

FED.

R. CIV. P.

72(b)(3). Simmons's breaking a tooth on a safety pin in his food is regrettable,
but he has not stated constitutional claims against Jackson County or Smith.
All claims will be dismissed without prejudice. The dismissal counts as a
strike. 28 U.S.C. § 1915(g). The Court certifies that an in fonna pauperis appeal
from this Order and the accompanying Judgment would not be taken in good
faith.
So Ordered.

D.P. Marshall Jr. #
United States District Judge