Fowler v. Culclager et al

Filing 8

ORDER adopting 7 Recommendation in its entirety as this Court's findings and conclusions in all respects; dismissing plaintiff's amended complaint without prejudice for failing to state a claim upon which relief may be granted; recommending that the dismissal of this case count as a "strike"; and certifying that an in forma pauperis appeal would not be taken in good faith. Signed by Judge Lee P. Rudofsky on 7/8/2024. (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION CHAD ANTHONY LOUIS FOWLER ADC #656153 v. PLAINTIFF Case No. 3:24-cv-00030-LPR AUNDREA CULCLAGER, et al. DEFENDANTS ORDER The Court has reviewed the Recommended Disposition (RD) submitted by United States Magistrate Judge Joe J. Volpe (Doc. 7). No objections have been filed, and the time for doing so has expired. After a de novo review of the RD, along with careful consideration of the entire case record, the Court hereby approves and adopts the RD in its entirety as this Court’s findings and conclusions in all respects. Accordingly, Plaintiff’s Amended Complaint is DISMISSED without prejudice for failing to state a claim upon which relief may be granted. The Court recommends that dismissal of this case count as a “strike,” in the future, for purposes of 28 U.S.C. § 1915(g). The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order or the accompanying Judgment would not be taken in good faith. IT IS SO ORDERED this 8th day of July 2024. _______________________________ LEE P. RUDOFSKY UNITED STATES DISTRICT JUDGE

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