Lewis v. Clay County Detention Center et al

Filing 13

ORDER ADOPTING 4 REPORT AND RECOMMENDATIONS of Magistrate Judge H. David Young in their entirety in all respects. Plaintiff's complaint is DISMISSED WITH 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. Section 1915(g). It is certified that an in forma pauperis appeal taken from this Order & the Judgment dismissing this action is considered frivolous & not in good faith. Signed by Judge Brian S. Miller on 9/9/2011. (jct)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
MARK S. LEWIS
v.

PLAINTIFF
CASE NO: 3:11CV00153 BSM

CLAY COUNTY
DETENTION CENTER et al.

DEFENDANTS
ORDER

The proposed findings and recommended disposition submitted by United States
Magistrate Judge H. David Young and the filed objections have been reviewed. After
carefully considering these documents and making a de novo review of the record, it is
concluded that the proposed findings and recommended disposition should be, and hereby
are, approved and adopted in their entirety in all respects.
IT IS THEREFORE ORDERED THAT:
1.

Plaintiff’s complaint is DISMISSED WITH 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.

It is certified 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 9th day of September 2011.

________________________________
UNITED STATES DISTRICT JUDGE