Daniels v. Arkansas Department of Community Correction et al

Filing 9

ORDER adopting 6 Proposed Findings and Recommended Disposition in all respects. This case is dismissed with prejudice as being frivolous. Dismissal constitutes a "strike". It is certified that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Susan Webber Wright on 3/19/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION

RAKEBIA QUJUAN DANIELS,
ADC #754266
V.

PLAINTIFF

5:14CV00440 SWW/JTR

ARKANSAS DEPARTMENT OF
COMMUNITY CORRECTION, et al.

DEFENDANTS

ORDER
The Court has reviewed the Proposed Findings and Recommended Disposition
submitted by United States Magistrate Judge J. Thomas Ray and the filed objections.
After carefully considering these documents and making a de novo review of the
record in this case, the Court concludes that the Proposed Findings and Recommended
Disposition should be, and hereby are, approved and adopted in their entirety as this
Court's findings in all respects. Plaintiff’s assertion that she was in poor health and
lacked the financial ability to bring a lawsuit does not state a basis for the tolling of
the statute of limitations.
IT IS THEREFORE ORDERED that:
1.

Pursuant to 28 U.S.C. § 1915A, this case is DISMISSED WITH

PREJUDICE as being frivolous.

2.

Dismissal constitutes a “STRIKE,” as defined by 28 U.S.C. § 1915(g).1

3.

It is CERTIFIED, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma

pauperis appeal from this Order would not be taken in good faith.
Dated this 19th day of March, 2015.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

1

In response to plaintiff’s inquiries contained in her objection, the Court explains that 28 U.S.C. §
1915(g), which is commonly called the “three strikes” provision, provides that a prisoner may not file
another civil action or appeal in forma pauperis if she has had three previous actions dismissed while
incarcerated on the grounds that they were frivolous, malicious, or for failed to state a claim, unless the
prisoner is under imminent danger of serious physical injury. Because the Court determines that
plaintiff’s claim was frivolous, it dismisses the complaint without serving the defendants and considers
this action as a “strike,” as in “three strikes and you’re out.”