Byrd v. Saline County Detention Facility et al

Filing 7

ORDER ADOPTING 5 Proposed Findings and Recommended Disposition. Plaintiff's 2 Complaint is DISMISSED without prejudice for failure to state a claim upon which relief may be granted. Dismissal of this action counts as a "strike" for purposes of 28 U.S.C. § 1915(g). The Court certifies that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge James M. Moody Jr. on 4/28/2015. (mcz)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
DALE EDWARD BYRD,
ADC # 136124
v.

PLAINTIFF

4:15CV00195-JM-JJV

SALINE COUNTY
DETENTION FACILITY; et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge Joe J. Volpe. After carefully considering the Plaintiff’s amended
complaint and making a de novo review of the record, 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 in all respects.
‘To prove actual injury, [a prisoner] must ‘demonstrate that a nonfrivolous legal claim had
been frustrated or was being impeded.’” White v. Kautzky, 494 F.3d 677, 680 (8th Cir.2007)
(quoting Lewis v. Casey, 518 U.S. 343, 353, 116 S.Ct. 2174, 135 L.Ed.2d 606 (1996)). Plaintiff
claims that he was convicted of charges listed in his parole violation report because he had no law
library access. (ECF No. 6). This allegation is speculative at best. Plaintiff does not demonstrate that
he had a nonfrivolous legal claim to present. Therefore, the Court finds that Plaintiff’s attempt to
amend his complaint is futile.
IT IS, THEREFORE, ORDERED that:
1.

Plaintiff’s Complaint (Doc. No. 2) is DISMISSED without prejudice for failure to

state a claim upon which relief may be granted.
2.

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

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3.

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

appeal from this Order would not be taken in good faith.
DATED this 28th day of April, 2015.

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

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