Caldwell v. Dub Brassell Detention Center
Filing
7
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
TONY CALDWELL,
ADC #009972
VS.
PLAINTIFF
5:15CV00352-BRW-JTK
DUB BRASSELL DETENTION CENTER
DEFENDANT
ORDER
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:
1.
Plaintiff’s Complaint against Defendants is DISMISSED without prejudice, for
failure to state a claim upon which relief may be granted.
2.
Dismissal of this action constitutes a “strike” within the meaning of the Prison
Litigation Reform Act (PLRA), 28 U.S.C. § 1915(g).
3.
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
1
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