Phillips v. Straughn et al

Filing 5

ORDER adopting 4 recommendation. Phillips's complaint will be dismissed without prejudice due to a lack of prosecution. The Court recommends that this dismissal count as a "strike" and that an in forma pauperis appeal from this Order and accompanying Judgment would not be taken in good faith. Signed by Chief Judge D. P. Marshall Jr. on 1/10/2022. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
BOBBY LEE PHILLIPS, JR.
ADC #117315

PLAINTIFF

No. 3:21-cv-230-DPM

v.

WILLIAM STRAUGHN, Assistant
Director, Arkansas Department of
Correction; MOSES JACKSON, Warden,
Arkansas Department of Correction;
JOE PAIGE, Warden, Arkansas
Department of Correction

DEFENDANTS

ORDER
The Court adopts
recommendation, Doc. 4.
committee notes).

Magistrate Judge Volpe' s

FED. R. Crv. P.

unopposed

72(b) (1983 addition to advisory

Phillips's complaint will be dismissed without

prejudice due to a lack of prosecution. The Court recommends that this
dismissal count as a "strike" for purposes of 28 U.S.C. § 1915(g). An in

forma pauperis appeal from this Order and accompanying Judgment
would not be taken in good faith. 28 U.S.C. § 1915(a)(3).

So Ordered.

D .P. Marshall (r.
United States District Judge

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