Waters v. Faulkner County Sheriff's Office

Filing 5

ORDER adopting 4 the Proposed Findings and Recommended Disposition; and dismissing, without prejudice, Plaintiff's Complaint for failure to state a claim upon which relief may be granted. This dismissal counts as a strike under 28 U.S.C. § 1915(g). An in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Billy Roy Wilson on 7/24/2015. (kdr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
DAVID WATERS
VS.

PLAINTIFF
4:15-CV-00401-BRW-JJV

FAULKNER COUNTY SHERIFF’S OFFICE

DEFENDANT

ORDER
I have reviewed the Proposed Findings and Recommended Disposition submitted by
United States Magistrate Judge Joe Volpe (Doc. No. 4). No objections have been filed and the
time for doing so has passed. After careful consideration, I approve and adopt as my findings in
all respects the Proposed Findings and Recommended Disposition in its entirety.
Accordingly, Plaintiff’s Complaint (Doc. No. 2) is DISMISSED without prejudice for
failure to state a claim upon which relief may be granted.1
This dismissal counts as a “strike” under 28 U.S.C. § 1915(g). I certify that an in forma
pauperis appeal from this Order would not be taken in good faith.2
IT IS SO ORDERED this 24th day of July, 2015.

/s/Billy Roy Wilson
UNITED STATES DISTRICT JUDGE

1

Ketchum v. City of West Memphis, Ark., 974 F.2d 81, 82 (8th Cir. 1992) (holding that department
of local governments are not amenable to suit under Section 1983).
2

28 U.S.C. § 1915(a)(3).
1