McClendon v. Holladay et al

Filing 10

ORDER approving and adopting the 7 Recommended Disposition in its entirety as this Court's findings in all respects; dismissing Plaintiff's 2 complaint without prejudice for failure to state a claim; finding that dismissal of this actio n constitutes a "strike"; and certifying that an in forma pauperis appeal from an Order and Judgment dismissing this action would not be taken in good faith. An appropriate Judgment shall accompany this Order. Signed by Judge Kristine G. Baker on 01/06/2016. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
EDDIE LEE MCCLENDON,
ADC #096384
v.

PLAINTIFF

4:15-cv-00343-KGB-JTR

DOC HOLLADAY,
Pulaski County Sheriff, et al.

DEFENDANTS
ORDER

The Court has received a Recommended Disposition from United States Magistrate Judge Tom
Ray (Dkt. No. 7). No objections were filed, and the time for filing objections has passed. 1 After careful
review, the Court approves and adopts the Recommended Disposition in its entirety as this Court’s
findings in all respects.
It is, therefore, ordered that:
1.

Plaintiff’s complaint against defendants is dismissed without prejudice for failure to state

a claim upon which relief may be granted (Dkt. No. 2).
2.

Dismissal of this action constitutes a “strike” within the meaning of the Prison Litigation

Reform Act, 28 U.S.C. § 1915(g).
3.

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

dismissing this action would not be taken in good faith pursuant to 28 U.S.C. § 1915(a)(3).
An appropriate Judgment shall accompany this Order.
SO ORDERED this 6th day of January, 2016.

_________________________
Kristine G. Baker
United States District Judge
1

The original mailing of a copy of the Recommended Disposition to plaintiff Eddie Lee
McClendon was returned as undeliverable (Dkt. No. 8). After receiving notice of a change of address
(Dkt. No. 9), the Clerk of the Court mailed another copy to Mr. McClendon’s proper address on August
31, 2015. There is no indication on the record before the Court that Mr. McClendon has not received the
Recommended Disposition, and the time to object has long since passed since it was mailed to his new
address.