Young v. Lee et al
ORDER approving and adopting 7 Recommended Disposition as this Court's findings and conclusions in all respects; dismissing, without prejudice, 2 Complaint; 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 2/5/2024. (ldb)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EUGENE LEE, et al.
The Court has reviewed the Recommended Disposition (RD) submitted by United States
Magistrate Judge Patricia S. Harris.1 No objections have been filed, and the time for doing so has
expired.2 After a de novo review of the RD, along with careful consideration of the case record,
the Court hereby approves and adopts the RD in its entirety as this Court’s findings and conclusions
in all respects.
Accordingly, Plaintiff’s Complaint (Doc. 2) is DISMISSED without prejudice for failure
to state a claim upon 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.
IT IS SO ORDERED this 5th day of February 2024.
LEE P. RUDOFSKY
UNITED STATES DISTRICT JUDGE
It appears the RD was returned as undeliverable because the Plaintiff is no longer at the Barbara Ester Unit. See
Doc. 8. It is Plaintiff’s responsibility to update his address. Local Rule 5.5(c)(2). However, out of an abundance of
caution, the Court will give Plaintiff 30 days to update his address with the Court and file objections to the RD.
Plaintiff must file any such objections in the form of a Motion to Reconsider this Order of dismissal and the
corresponding Judgment. If Plaintiff does file such a Motion, the Court will reconsider de novo any part of the RD
that is properly objected to and evaluate whether this case should be re-opened.
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