Lucas v. Ryals et al

Filing 6

ORDER adopting in their entirety 5 the proposed findings and recommendations; dismissing without prejudice plaintiff Ian Luca's complaint and counting this dismissal as a "strike;" and certifying that an in forma pauperis appeal would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 5/9/2018. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
IAN LUCAS
v.

PLAINTIFF
CASE NO. 4:18-CV-00053 BSM

TIM RYALS, Sheriff,
Faulkner County Detention Center, et al.

DEFENDANTS

ORDER
The proposed findings and recommendations [Doc. No. 5] submitted by United States
Magistrate Judge Joe J. Volpe have been received. No objections have been filed. After
careful consideration and review of the record, the proposed findings and recommendations
are adopted in their entirety. Accordingly, plaintiff Ian Lucas’s complaint is dismissed
without prejudice, and this dismissal counts as a “strike” for the purposes of 28 U.S.C.
section 1915(g). Further, it is certified that an in forma pauperis appeal would not be taken
in good faith. See 28 U.S.C. 1915(a)(3).
IT IS SO ORDERED this 9th day of May 2018.

________________________________
UNITED STATES DISTRICT JUDGE