Lockhart v. Craighead County Detention Center et al

Filing 13

ORDER adopting 11 Proposed Findings and Recommended Disposition in their entirety as this Court's findings. Plaintiff's cause of action is dismissed without prejudice for failure to state a claim upon which relief may be granted. Plaint iff's cause of action is also dismissed without prejudice on the basis that he has failed to comply with Local Rule 5.5(c)(2) in failing to promptly notify the Clerk of any change in his address. Dismissal of this action counts as a "strike". The Court certifies that an in forma pauperis appeal from this Order adopting the recommendations would not be taken in good faith. Signed by Judge James M. Moody Jr. on 7/11/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
MARCUS LOCKHART
v.

PLAINTIFF
3:17CV00103-JM

CRAIGHEAD COUNTY
DETENTION CENTER; et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge Joe J. Volpe. No objections have been filed.

After careful

consideration, the Court concludes that the Proposed Findings and Recommended Disposition
should be, and hereby are, approved and adopted in their entirety as this Court's findings.
IT IS, THEREFORE, ORDERED that:
1.

Plaintiff’s cause of action is DISMISSED without prejudice for failure to state a
claim upon which relief may be granted.

2.

Plaintiff’s cause of action is also DISMISSED without prejudice on the basis that
he has failed to comply with Local Rule 5.5(c)(2) in failing to promptly notify the
Clerk of any change in his address.

3.

Dismissal of this action counts as a “strike” for purposes of 28 U.S.C. § 1915(g).

4.

The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis

appeal from this Order adopting the recommendations would not be taken in good faith.
DATED this 11th day of July, 2017.

_______________________________________
JAMES M. MOODY, JR.
UNITED STATES DISTRICT JUDGE