Clay v. Smith et al

Filing 6

ORDER adopting in its entirety 5 the recommended disposition; dismissing, without prejudice, plaintiff Darius Dewayne Everett Clay's amended complaint for failure to state a claim upon which relief may be granted; counting this dismissal as a strike; and certifying that an in forma pauperis appeal from this order would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 4/10/2018. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
DARIUS DEWAYNE EVERETT CLAY
ADC #139928
v.

PLAINTIFF

CASE NO. 2:18-CV-00026 BSM

SMITH, et al.

DEFENDANTS
ORDER

The recommended disposition submitted by United States Magistrate Judge J. Thomas
Ray [Doc. No. 5] has been reviewed. No objections have been filed. After careful review
of the record, the recommended disposition is adopted in its entirety. Accordingly, plaintiff
Darius Dewayne Everett Clay’s amended complaint is dismissed, without prejudice, for a
failure to state a claim upon which relief may be granted. This dismissal counts as a “strike”
pursuant to 28 U.S.C. section 1915(g). It is certified, pursuant to 28 U.S.C. section
1915(a)(3), that an in forma pauperis appeal from this order would not be taken in good faith.
IT IS SO ORDERED this 10th day of April 2018.

_________________________________
UNITED STATES DISTRICT JUDGE