Oakley v. Arkansas Department of Community Correction et al

Filing 6

ORDER adopting the Recommendation submitted by United States Magistrate Judge J. Thomas Ray 5 ; this case is dismissed without prejudice for failure to state a claim upon which relief may be granted; dismissal constitutes a strike and an in forma pauperis appeal would not be taken in good faith. Signed by Judge Billy Roy Wilson on 3/31/16. (tjb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION

CLAUDE B. OAKLEY,
ADC #108541
VS.

PLAINTIFF
5:16-CV-00051 BRW/JTR

ARKANSAS DEPARTMENT OF
COMMUNITY CORRECTION; and
ARKANSAS DEPARTMENT OF CORRECTION

DEFENDANTS

ORDER
I have reviewed the Recommendation submitted by United States Magistrate Judge J.
Thomas Ray. No objections were filed and the time for doing so has passed. After careful
review, I approve and adopt the Recommendation in its entirety as my findings in all respects.
Accordingly, this DISMISSED, without prejudice, for failure to state a claim upon which
relief may be granted. Dismissal constitutes a strike, and an in forma pauperis appeal would not
be taken in good faith.1
IT IS SO ORDERED this 31st day of March, 2016.

/s/ Billy Roy Wilson
UNITED STATES DISTRICT JUDGE

1

28 U.S.C. § 1915(a)(3) and(g).