Comer v. Faulkner County Detention Center

Filing 6

ORDER Adopting 4 Proposed Findings and Recommendations. The Court dismisses without prejudice Mr. Comer's 2 Complaint. Dismissal of this action counts as a "strike" for purposes of 28 U.S.C. § 1915(g). The Court certifies that, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Kristine G. Baker on 8/18/2017. (mcz)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
SHAUN COMER
v.

PLAINTIFF
Case No. 4:16-cv-907 KGB

FAULKNER COUNTY DETENTION CENTER

DEFENDANT

ORDER
Before the Court are the Proposed Findings and Recommendations submitted to the Court
by United States Magistrate Judge Joe J. Volpe (Dkt. No. 4). Plaintiff Shaun Comer has not filed
an objection to the Proposed Findings and Recommendations, and the time to file an objection has
passed.

After careful consideration, the Court concludes the Proposed Findings and

Recommendations should be, and hereby are, adopted as this Court’s findings in all respects.
Consequently, the Court finds that Mr. Comer’s complaint should be dismissed without prejudice
for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. §1915A(b)(1).
The Court dismisses without prejudice Mr. Comer’s complaint (Dkt. No. 2). Dismissal of
this action counts as a “strike” for purposes of 28 U.S.C. § 1915(g). The Court certifies that,
pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order would not be
taken in good faith.
It is so ordered this the 18th day of August, 2017.

______________________
Kristine G. Baker
United States District Judge