Adams v. East Arkansas Regional Unit et al

Filing 9

ORDER approving and adopting 4 Recommended Disposition; dismissing Mr. Adams's claims without prejudice; denying as moot 6 Motion to Amend/Correct and 7 Motion for Trial; and, certifying that an in forma pauperis appeal of this dismissal would be frivolous and not taken in good faith. Signed by Judge Kristine G. Baker on 10/5/2012. (dmn)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
CARLETUS ADAMS
ADC # 151828
V.

PLAINTIFF
No. 2:12-cv-00153 KGB

EAST ARKANSAS REGIONAL UNIT, et al.

DEFENDANTS

ORDER
The Court has received a Recommended Disposition (“Recommendation”) from Magistrate
Judge Beth Deere. After careful review of the Recommendation, Mr. Adams’s objections, as well
as a de novo review of the record, the Court concludes that the Recommendation should be, and
hereby is, approved and adopted as this Court’s findings in all respects.1
Mr. Adams’s claims are dismissed without prejudice. This dismissal will count as a “strike”
for purposes of 28 U.S.C. § 1915(g). Mr. Adams’s pending motion to amend and motion for jury
trial (Dkt. Nos. 6 and 7) are denied as moot. In addition, the Court certifies that an in forma
pauperis appeal of this dismissal would be frivolous and not taken in good faith.
SO ORDERED this 5th day of October, 2012.

____________________________________
Kristine G. Baker
United States District Judge

1

In his objection, Mr. Adams states that a reduction in his classification level “kep[t] him
from making parole . . . .” As Judge Deere correctly noted, Mr. Adams does not have a liberty
interest in a particular classification. He does not have a liberty interest in the possibility of
parole either. Persechini v. Callaway, 651 F.3d 802, 808 (8th Cir. 2011).