Caldwell v. Dub Brassell Detention Center
ORDER ADOPTING REPORT AND RECOMMENDATIONS 5 plaintiff's complaint is dismissed without prejudice for failure to state a claim upon which relief may be granted; dismissal of this action constitutes a "strike" within the meaning of the PLRA; the Court certifies that an in forma pauperis appeal from this Order and Judgment dismissing this action would not be taken in good faith; an appropriate Judgment will accompany this Order. Signed by Judge Billy Roy Wilson on 1/19/16. (tjb)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
DUB BRASSELL DETENTION CENTER
The Court has received proposed findings and recommendations from United States
Magistrate Judge Jerome T. Kearney. There have been no objections. After a review of those
proposed findings and recommendations, the Court adopts them in their entirety. Accordingly,
IT IS, THEREFORE, ORDERED that:
Plaintiff’s Complaint against Defendants is DISMISSED without prejudice, for
failure to state a claim upon which relief may be granted.
Dismissal of this action constitutes a “strike” within the meaning of the Prison
Litigation Reform Act (PLRA), 28 U.S.C. § 1915(g).
The Court certifies that an in forma pauperis appeal from this Order and Judgment
dismissing this action would not be taken in good faith, pursuant to 28 U.S.C. § 1915(a)(3).
An appropriate Judgment will accompany this Order.
IT IS SO ORDERED this 19th day of January, 2016.
/s/ Billy Roy Wilson
UNITED STATES DISTRICT JUDGE
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