Britton v. Pulaski County Regional Detention Facility

Filing 11

ORDER ADOPTING 10 the recommended disposition; and dismissing without prejudice 1 Josh Britton's complaint for failure to state a claim upon which relief may be granted. Dismissal of this action constitutes a strike within the meaning of the Prison Litigation Reform Act. An in forma pauperis appeal from the order and judgment dismissing this action will not be taken in good faith. Signed by Chief Judge Brian S. Miller on 12/9/2016. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
JOSH BRITTON,
ADC #163838
v.

PLAINTIFF

CASE NO. 4:16CV00609 BSM

PULASKI COUNTY REGIONAL DETENTION FACILITY

DEFENDANT

ORDER
The recommended disposition (“RD”) submitted by United States Magistrate Judge
Jerome T. Kearney [Doc. No. 10] has been reviewed. No objections have been filed. After
reviewing the record, the RD is adopted.
Accordingly, plaintiff Josh Britton’s complaint [Doc. No. 1] is dismissed without
prejudice for failure to state a claim upon which relief may be granted. Dismissal of this
action constitutes a strike within the meaning of the Prison Litigation Reform Act (PLRA).
See 28 U.S.C. § 1915(g). Finally, an in forma pauperis appeal from the order and judgment
dismissing this action will not be taken in good faith. See 28 U.S.C. § 1915(a)(3).
IT IS SO ORDERED this 9th day of December 2016.

UNITED STATES DISTRICT JUDGE