Henry v. Lonoke County Sheriff Office et al, No. 4:2017cv00162 - Document 6 (E.D. Ark. 2017)

Court Description: ORDER Adopting 5 Proposed Findings and Recommendations. Lonoke County Sheriff Office is dismissed as a Defendant. Plaintiff's 4 Amended Complaint is dismissed without prejudice for failure to state a claim upon which relief may be granted. Dismissal of this action counts as a "strike" for purposes of 28 U.S.C. § 1915(g). The Court certifies that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge James M. Moody Jr. on 4/18/2017. (mcz)

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Henry v. Lonoke County Sheriff Office et al Doc. 6 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION JAMES KALAN HENRY ADC #144396 v. PLAINTIFF 4:17CV00162-JM LONOKE COUNTY SHERIFF OFFICE; et al. DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe. No objections have been filed. After careful consideration, the Court concludes that the Proposed Findings and Recommended Disposition should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects. IT IS, THEREFORE, ORDERED that: 1. Lonoke County Sheriff Office is dismissed as a Defendant. 2. Plaintiff’s Amended Complaint (Doc. No. 4) is DISMISSED without prejudice for failure to state a claim upon which relief may be granted. 3. Dismissal of this action counts as a “strike” for purposes of 28 U.S.C. § 1915(g). 4. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order would not be taken in good faith. DATED this 18th day of April, 2017. _______________________________________ JAMES M. MOODY, JR. UNITED STATES DISTRICT JUDGE 1 Dockets.Justia.com 2

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