Wilson v. Greene County Detention Center et al
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)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
TIM WILSON, II
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
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.
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).
D.P. Marshall Jr.
United States District Judge
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