Friar v. Jackson County Sheriff Department

Filing 11

ORDER ADOPTING 10 the proposed findings and recommended disposition; dismissing 2 the plaintiff's complaint, without prejudice, for failure to state a claim upon which relief may be granted. This dismissal counts as a "strike' for purposes of 28 U.S.C. § 1915(g). The court certifies that an in forma pauperis appeal taken from the order andjudgment dismissing this action is considered frivolous and not in good faith. Signed by Chief Judge Brian S. Miller on 12/12/2014. (kdr)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION ERNEST TYRELL FRIAR, JR. ADC #660122 v. PLAINTIFF 1:14CV00097 BSM JACKSON COUNTY SHERIFF DEPARTMENT DEFENDANT ORDER The proposed findings and recommended disposition submitted by United States Magistrate Judge H. David Young has been received. No objections have been filed. After careful consideration, it is concluded that the proposed findings and recommended disposition should be, and hereby are, approved and adopted in their entirety. IT IS THEREFORE ORDERED THAT: 1. Plaintiff’s complaint is dismissed without prejudice for failure to state a claim upon which relief may be granted. 2. This dismissal counts as a “strike” for purposes of 28 U.S.C. § 1915(g). 3. The court certifies that an in forma pauperis appeal taken from the order and judgment dismissing this action is considered frivolous and not in good faith. DATED this 12th day of December 2014. UNITED STATES DISTRICT JUDGE

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