Haynes v. White County Detention Center

Filing 6

ORDER adopting the 4 Proposed Findings and Recommendations with the modification that the dismissal of plaintiff Josh Haynes's 2 complaint be without prejudice; finding that this dismissal counts as a "strike"; and certifying that an in forma pauperis appeal taken from the Order and Judgment dismissing this action is considered frivolous and not in good faith. Signed by Judge Kristine G. Baker on 11/24/2015. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
JOSH HAYNES
ADC #139661
V.

PLAINTIFF

Case No: 4:15-cv-00196 KGB

WHITE COUNTY DETENTION CENTER

DEFENDANT

ORDER
The Court has reviewed the Proposed Findings and Recommendations submitted by United
States Magistrate Judge Jerry W. Cavaneau (Dkt. No. 4). No objections have been filed, and the
time for filing objections has passed. After careful consideration, the Court adopts the Proposed
Findings and Recommendations with the modification that the dismissal of plaintiff Josh Haynes’s
complaint be without prejudice.
It is therefore ordered that:
1.

The Court dismisses without prejudice plaintiff Josh Haynes’s complaint for failure

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

This dismissal counts as a “strike” for purposes of 28 U.S.C. § 1915(g).

3.

The Court certifies that an in forma pauperis appeal taken from the Order and

Judgment dismissing this action is considered frivolous and not in good faith.
SO ORDERED this 24th day of November, 2015.

KRISTINE G. BAKER
UNITED STATES DISTRICT JUDGE