Mitchell v. Martin et al

Filing 9

ORDER adopting 8 Recommended Disposition in all respects. Plaintiff Kevin Mitchell's claims against Joey Martin are dismissed without prejudice, and his claims against the Poinsett County Jail are dismissed with prejudice. This dismissal will count as a "strike" for purposes of 28 U.S.C. § 1915(g). Pursuant to 28 U.S.C. § 1915(a)(3), an in forma pauperis appeal from this order would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 12/23/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
KEVIN MITCHELL,
ADC #500399
v.

PLAINTIFF

CASE NO. 3:15-CV-309 BSM/BD

JOEY MARTIN and
POINSETT COUNTY JAIL

DEFENDANTS
ORDER

The recommended disposition submitted by United States Magistrate Judge Beth
Deere has been reviewed. No objections have been filed. After careful consideration, the
recommended disposition is hereby adopted in all respects.
IT IS THEREFORE ORDERED THAT:
1.

Plaintiff Kevin Mitchell’s claims against Joey Martin are dismissed without

prejudice, and his claims against the Poinsett County Jail are dismissed with prejudice.
2.

This dismissal will count as a “strike” for purposes of 28 U.S.C. § 1915(g).

3.

Pursuant to 28 U.S.C. § 1915(a)(3), an in forma pauperis appeal from this order

would not be taken in good faith.
IT IS SO ORDERED this 23rd day of December 2015.

_____________________________________
UNITED STATES DISTRICT JUDGE