Barbee v. Waddle et al

Filing 12

ORDER adopting 10 Recommendation. Barbee's complaint will be dismissed without prejudice for failure to state a claim. This dismissal counts as a "strike". 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 1/7/2019. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
SYLVESTER 0. BARBEE
ADC #131311

PLAINTIFF

No. 5:18-cv-280-DPM

v.

KEITH L. WADDLE, Hearing Officer,
ADC; CHRISTOPHER A. WILLIAMS,
Hearing Officer, ADC; DANIEL WAYNE
GOLDEN, Hearing Officer, ADC; KIMBERLY
A. RILEY, Lieutenant, ADC; WENDY KELLEY,
Director, ADC; L. DYKE, Warden of Security
Operations, Tucker Unit, ADC; PAGE, Warden,
Tucker Unit, ADC; and RAYMOND NAYLOR,
Disciplinary Hearing Administrator

DEFENDANTS

ORDER

On de nova review, the Court adopts Magistrate Judge Deere's
recommendation, Ng 10, and overrules Barbee's objections, Ng 11.
FED.

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

Barbee's 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.

28 U.S.C. § 1915(a)(3).

So Ordered.
D.P. Marshall Jr. 7/
United States District Judge

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