Wilson v. Greene County Detention Center et al

Filing 20

ORDER adopting the recommendation, 18 , and overruling Wilson's objections. Motion 19 denied. Wilson's amended complaint will be dismissed without prejudice for failure to state a claim. This dismissal counts as a "strike". An in forma pauperis appeal from this Order and accompanying Judgment will not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 8/17/2015. (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION TIM WILSON, II ADC #160256 v. PLAINTIFF No. 3:15-cv-109-DPM-JJV GREENE COUNTY DETENTION CENTER; GREENE COUNTY SHERIFF'S OFFICE; GREENE COUNTY; CITY OF PARAGOULD, ARKANSAS; DAKOTA HALL, Sergeant, Greene County Corrections; and MARCAUS KELLER, Corporal, Greene County Corrections DEFENDANTS ORDER Wilson requests an extension because he can't go to the law library- he's at a boot camp. NQ 19 at 1-2. He says he will be released in forty-nine days and can research and gather information for his lawsuit then. Id. at 2. Rather than granting this lengthy extension, the Court construes Wilson's motion as both an extension motion and an objection to the recommendation, giving Wilson the benefit of de novo review. On de novo review, the Court adopts the recommendation, NQ 18, overrules Wilson's objections and denies his motion, NQ 19. FED. R. CIV. P. 72(b)(3). This accident didn't violate the Constitution; more time to research the applicable law isn't going to change things. Wilson's amended complaint will be dismissed without prejudice for failure to state a claim. This dismissal counts as a "strike" for purposes of 28 U.S.C. § 1915(g). An in forma pauperis appeal from this Order and accompanying Judgment will not be taken in good faith. 28 U.S.C. § 1915(a)(3). So Ordered. D.P. Marshall Jr. United States District Judge -2-

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