Smith v. Rogers et al

Filing 9

ORDER adopting #5 Proposed Findings and Recommended Disposition in all respects; dismissing this case without prejudice for failure to state a claim on which relief may be granted; denying #6 motion to appoint counsel as moot; counting dismissal as a "strike"; and certifying that an in forma pauperis appeal from any Order adopting these recommendations and accompanying Judgment would not be taken in good faith. Signed by Judge Billy Roy Wilson on 9/15/2022. (jbh)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
ANTONIO SMITH
ADC #118127
VS.

PLAINTIFF
4:22-CV-00681-BRW-JTK

AARON ROGERS, et al.

DEFENDANTS
ORDER

I have reviewed the Proposed Findings and Recommended Disposition (Doc. No. 5)
submitted by United States Magistrate Judge Jerome T. Kearney. After carefully considering
Mr. Smith’s timely filed objections and making a de novo review of the record, I approve and
adopt the Proposed Findings and Recommended Dispositio in all respects.
Accordingly, this case is DISMISSED without prejudice for failure to state a claim on
which relief may be granted. The motion to appoint counsel (Doc. No. 6) is DENIED as moot.
Dismissal counts as a “strike” for purposes of 28 U.S.C. § 1915(g).
I certify, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from any
Order adopting these recommendations and accompanying Judgment would not be taken in good
faith.
IT IS SO ORDERED this 15th day of September, 2022.

Billy Roy Wilson__________________
UNITED STATES DISTRICT JUDGE