Brown v. Kelley et al

Filing 7

ORDER adopting 5 Recommendation and overruling 6 Objections. Brown's complaint will be dismissed without prejudice for failure to state a claim. This dismissal counts as a "strike" and an in forma pauperis appeal from this Order and accompanying Judgment would not be taken in good faith. Brown's 4 Motion to join parties is denied as moot. Signed by Judge D. P. Marshall Jr. on 1/10/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
DANIEL RAY BROWN
ADC #088140
v.

PLAINTIFF
No. 5:16-cv-374-DPM

WENDY KELLEY, Director, Arkansas Department
of Correction; FROST, Warden, Ouachita River
Unit, ADC; and DOES, 1-2, ACC Director and
Ouachita Intake/Receiving Supervisor

DEFENDANTS

ORDER
1. On de nova review, the Court adopts the recommendation, Ng 5, and
overrules Brown's objections, Ng 6.

FED.

R. Crv. P. 72(b)(3).

Brown's

complaint will be dismissed without prejudice for failure to state a claim.
This dismissal counts as a "strike" for purposes of 28U.S.C.§1915(g). An in

forma pauperis appeal from this Order and accompanying Judgment would not
be taken in good faith. 28 U.S.C. § 1915(a)(3).
2.

Brown's motion to join parties, Ng 4, denied as moot.

So Ordered.

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