Radford v. Byers et al

Filing 8

ORDER approving and adopting 7 Recommendation as this Court's findings in its entirety; dismissing, without prejudice, 1 Plaintiff's Complaint; counting this dismissal as a "strike"; and certifying an in forma pauperis appeal taken from the order and judgment dismissing this action is considered frivolous and not in good faith. Signed by Judge James M. Moody Jr. on 01/07/2025. (llg)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
TOMMY RADFORD
ADC #089900
V.

PLAINTIFF
Case No. 4:24-CV-00203-JM-BBM

JARED BYERS, Warden,
Ouachita River Unit, et al.,

DEFENDANTS
ORDER

The Court has received a Recommendation for dismissal submitted by United States
Magistrate Judge Benecia B. Moore. No objections have been filed, and the time to do so has
now passed. After careful review of the Recommendation, the Court concludes that the
Recommendation should be, and hereby is, approved and adopted as this Court’s findings in its
entirety.
IT IS THEREFORE ORDERED THAT:
1.

Plaintiff’s Complaint (Doc. 1) is DISMISSED, without prejudice, for failure to

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

This dismissal counts as a “strike” for purposes of 28 U.S.C. § 1915(g).

3.

The Court certifies that an in forma pauperis appeal taken from the order and

judgment dismissing this action is considered frivolous and not in good faith.
IT IS SO ORDERED this 7th day of January, 2025.
________________________________
UNITED STATES DISTRICT JUDGE