Friar v. Wrightsville Unit

Filing 7

ORDER adopting the Recommendation in its entirety as this Court's findings in all respects; dismissing without prejudice 2 Complaint for failing to state a claim upon which relief may be granted; and certifying that an in forma pauperis appeal would not be taken in good faith. The dismissal is a "strike" as defined by 28 U.S.C. § 1915(a)(3). Signed by Judge Susan Webber Wright on 9/27/2017. (cmn)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

EARNEST T. FRIAR, JR.
ADC #660122
V.

PLAINTIFF
4:17CV00486 SWW/JTR

WRIGHTSVILLE UNIT

DEFENDANT

ORDER
The Court has reviewed the Recommendation submitted by United States Magistrate Judge
J. Thomas Ray and what can be construed as objections to the recommendation. See Doc.#6.
After carefully considering these documents and making a de novo review of the record in this
case, the Recommendation is approved and adopted in its entirety as this Court's findings in all
respects.
IT IS THEREFORE ORDERED that:
1.

The Complaint (Doc. 2) is DISMISSED WITHOUT PREJUDICE for failing to

state a claim upon which relief may be granted.
2.

The dismissal is a "STRIKE," as defined by 28 U.S.C. § 1915(a)(3).

3.

It is CERTIFIED, 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.
Dated this 27th day of September, 2017.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE