Addison v. Greene County Detention Center

Filing 9

ORDER adopting 6 Proposed Findings and Recommendations in all respects. Accordingly, plaintiff's 1 Complaint is dismissed without prejudice for failure to state a claim upon which relief may be granted. This dismissal counts as a "strike". An in forma pauperis appeal taken from this Order and Judgment dismissing this action would be frivolous and not taken in good faith. Signed by Judge Billy Roy Wilson on 9/20/2016. (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION NICHOLAS ADDISON ADC #162451 VS. PLAINTIFF 3:16-CV-00189-BRW GREEN COUNTY DETENTION CENTER DEFENDANT ORDER I have received the Proposed Findings and Recommendations (“Recommendation”) submitted by United States Magistrate Judge Joe Volpe.1 No objections have been filed and the time for doing so has passed.2 After careful consideration, I adopt the Recommendation in its entirety as my findings in all respects. Accordingly, Plaintiff’s Complaint (Doc. No. 1) is DISMISSED without prejudice for failure to state a claim upon which relief may be granted. This dismissal counts as a strike under 28 U.S.C. § 1915(g).3 I certify that an in forma pauperis appeal taken from this order and the judgment dismissing this action would be frivolous and not taken in good faith. IT IS SO ORDERED this 20th day of September, 2016. /s/Billy Roy Wilson UNITED STATES DISTRICT JUDGE 1 Doc. No. 6. 2 The response was due September 15, 2016. 3 28 U.S.C. § 1915(g) (“In no event shall a prisoner bring a civil action or appeal a judgment in a civil action under this section if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted . . . .”).

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