Matthews v. Gober et al

Filing 9

ORDER approving and adopting 7 Recommended Disposition in its entirety as this Court's findings and conclusions in all respects; dismissing, without prejudice, this case; recommending that dismissal of this case count as a "strike"; and certifying that an in forma pauperis appeal from this Order or the accompanying Judgment would not be taken in good faith. Signed by Judge Lee P. Rudofsky on 2/7/2024. (ldb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
ANTWAN MATTHEWS
ADC #108865
v.

PLAINTIFF
No. 4:22-CV-01116-LPR

MARK GOBER, et al.

DEFENDANTS
ORDER

The Court has reviewed the Recommended Disposition (RD) submitted by United States
Magistrate Judge Jerome T. Kearney.1 No objections have been filed, and the time for doing so
has expired. After a de novo review of the RD and careful consideration of the entire case record,
the Court hereby approves and adopts the RD in its entirety as this Court’s findings and conclusions
in all respects.
Accordingly, this case is DISMISSED without prejudice for failure to state a claim on
which relief may be granted. The Court recommends that dismissal of this case count as a “strike,”
in the future, for purposes of 28 U.S.C. § 1915(g). The Court certifies, pursuant to 28 U.S.C.
§ 1915(a)(3), that an in forma pauperis appeal from this Order or the accompanying Judgment
would not be taken in good faith.2
IT IS SO ORDERED this 7th day of February 2024.
________________________________
LEE P. RUDOFSKY
UNITED STATES DISTRICT JUDGE

1

Doc. 7.

2
To the extent Plaintiff may have implicitly stated a state law claim for conversion, that claim belongs in state court.
The Court will not exercise supplemental jurisdiction over such a claim.