Willyard v. Pope County et al

Filing 8

ORDER approving and adopting 7 Recommended Disposition as this Court's findings in all respects; dismissing without prejudice Mr. Willyard's claims based on his failure to state a federal claim for relief; counting as a "strike" ; the dismissal for the purposes of 28 U.S.C. § 1915(g); certifying that an in forma pauperis appeal taken from this order and judgment dismissing this action is frivolous and would not be taken in good faith; and directing the Clerk to close this case. Signed by Judge Susan Webber Wright on 1/9/2017. (mef)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
PHILLIP WILLYARD
ADC #152418
V.

PLAINTIFF

CASE NO. 4:16-CV-742 SWW-BD

POPE COUNTY; DAVID GIBBONS, Prosecutor,
Pope County; JAMES DUNHAM, Public Defender,
Pope County; DENNIS SUTTERFIELD, Judge,
Pope County Circuit Court

DEFENDANTS

ORDER
The Court has received a Recommended Disposition (“Recommendation”) filed by
Magistrate Judge Beth Deere. The parties have not filed objections. After careful review
of the Recommendation, the Court concludes that the Recommendation should be, and
hereby is, approved and adopted as this Court’s findings in all respects.
Mr. Willyard’s claims are DISMISSED, without prejudice, based on his failure to
state a federal claim for relief. The dismissal counts as a “strike” for purposes of 28
U.S.C. § 1915(g), and an in forma pauperis appeal taken from this order and judgment
dismissing this action is frivolous and would not be taken in good faith. The Clerk is
directed to close this case.
IT IS SO ORDERED, this 9th day of January, 2017.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE