Brown v. Wilson et al, No. 1:2019cv00116 - Document 13 (E.D. Ark. 2020)
Court Description: ORDER adopting 10 proposed findings and recommendations; dismissing this case without prejudice for failure to state a claim upon which relief may be granted; counting dismissal of this action as a "strike"; certifying that an in forma pauperis appeal would not be taken in good faith; and denying as moot 11 Frankie Brown's motion for subpoenas. Signed by Judge Brian S. Miller on 2/18/2020. (jbh)
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Brown v. Wilson et al Doc. 13 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS BATESVILLE DIVISION FRANKIE BROWN ADC # 083131 v. PLAINTIFF Case No. 1:19-cv-00116 BSM KASHEENA WILSON, et al. DEFENDANTS ORDER The proposed findings and recommendations (“RD”) from United States Magistrate Judge Patricia S. Harris [Doc. No. 10] has been received. After de novo review of the record, the RD is adopted. This case is dismissed without prejudice for failure to state a claim upon which relief may be granted. Dismissal of this action counts as a “strike” within the meaning of 28 U.S.C. § 1915(g). Pursuant to 28 U.S.C. § 1915(a)(3), an in forma pauperis appeal would not be taken in good faith. Frankie Brown’s motion for subpoenas [Doc. No. 11] is denied as moot. IT IS SO ORDERED this 18th day of February 2020. UNITED STATES DISTRICT JUDGE Dockets.Justia.com
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