Ballard v. Robinson et al

Filing 11

ORDER adopting 10 Recommendation. Ballard's 7 Motion to Amend is denied. His complaint will be dismissed without prejudice for failure to state a claim. This dismissal counts as a "strike" for purposes of 28 U.S.C. § 1915 (g). An in forma pauperis appeal from this Order and accompanying Judgment would not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 11/8/2016. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JONATHAN B. BALLARD
ADC# 146466

v.

PLAINTIFF

No. 5:16-cv-236-DPM

VERNON ROBINSON, Building Major,
Cummins Unit, ADC; and J. COLEMAN,
Captain, Cummins Unit, ADC

DEFENDANTS

ORDER
Unopposed recommendation, NQ 10, adopted.

FED. R. CIV. P. 72(b)

(1983

addition to advisory committee notes). Ballard's motion to amend, Ng 7, is
denied. His complaint will be dismissed without prejudice for failure to state
a claim.

This dismissal counts as a "strike" for purposes of

28 U.S.C. § 1915(g).
accompanying

An in forrna pauperis appeal from this Order and

Judgment

would

not

be

taken

in

28 U.S.C. § 1915(a)(3).
So Ordered.
(/

D.P. Marshall Jr.
United States District Judge

good

faith.