Swift v. Dunagan et al

Filing 18

ORDER adopting 9 Proposed Findings and Recommended Disposition in its entirety as this Court's findings in all respects; dismissing without prejudice 5 Amended Complaint; recommending that dismissal count as a "strike"; and certifying that an in forma pauperis appeal from any Order adopting these recommendations and accompanying Judgment would not be taken in good faith. Signed by Judge James M. Moody Jr. on 7/3/2024. (jbh)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION LAWRENCE J. SWIFT ADC # 111527 VS. PLAINTIFF 3:24-CV-00068-JM-JTK HEATH DUNAGAN, et al. DEFENDANTS ORDER I have reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Jerome T. Kearney. No objections have been filed.1 After careful consideration, the Court concludes that the Proposed Findings and Recommended Disposition should be, and hereby is, approved and adopted in its entirety as this Court’s findings in all respects. IT IS, THEREFORE, ORDERED THAT: 1. Plaintiff’s Amended Complaint (Doc. No. 5) is DISMISSED without prejudice for failure to state a claim upon which relief may be granted. 2. I recommend that this dismissal count as a “strike” for purposes of 28 U.S.C. § 1915(g). 3. I certify, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from any Order adopting these recommendations and accompanying Judgment would not be taken in good faith. DATED this 3rd day of July, 2024. ____________________________________ 1 Plaintiff’s amended complaint filed May 24, 2024 contains no additional facts which would require re-screening. UNITED STATES DISTRICT JUDGE 2

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