Patterson v. Holiday et al

Filing 4

ORDER dismissing without prejudice 2 Complaint. An appeal from this Order and the accompanying Judgment would not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 5/7/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

PLAINTIFF

ANDREW PATTERSON, III

v.

No. 4:15-cv-260 DPM-JTR

DOC HOLIDAY, Sheriff, Pulaski County;
BOYD, Deputy, Pulaski County Regional
Facility; and PULASKI COUNTY JAIL

DEFENDANTS

ORDER
1. Magistrate Judge Ray granted Patterson's motion to proceed in forma

pauperis. NQ 3. The Court must now screen the complaint. 28 U.S.C. § 1915A.
Patterson alleges that a former employee of the Pulaski County Jail took, and
then misplaced, his wallet, credit cards, cash, and diamond necklace. NQ 2 at
4. So long as Arkansas provides an adequate postdeprivation remedy,

Patterson has no constitutional claim against the defendants for taking his
property. Hudson v. Palmer,468 U.S. 517, 533-36 (1984);McDowell v. Jones, 990
F.2d. 433, 434 (8th Cir. 1993). Arkansas, through its Claims Commission,
provides an adequate remedy. Williams v. Campbell, 25 Fed. Appx. 477, 479
(8th Cir. 6 December2011) (unpublished). Pattersonhasthereforenotpleaded
a plausible claim under § 1983.

2. The complaint is dismissed without prejudice. An appeal from this
Order and the accompanying Judgment would not be taken in good faith.
28 U.S.C. §1915(a)(3).

So Ordered.
D .P.MafSaiJr.
United States District Judge

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