Addison v. Greene County Detention Center
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)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
GREEN COUNTY DETENTION CENTER
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
Doc. No. 6.
The response was due September 15, 2016.
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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