Dotson v. King et al, No. 4:2020cv00068 - Document 9 (E.D. Ark. 2020)
Court Description: ORDER adopting 6 proposed findings and recommendations; dismissing without prejudice Plaintiff's Complaint; counting dismissal of this action as a "strike"; and certifying that an in forma pauperis appeal from an Order and Judgment dismissing this action would not be taken in good faith. Signed by Judge Billy Roy Wilson on 5/8/2020. (jbh)
Download PDF
<![CDATA[
Dotson v. King et al Doc. 9 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION JAMES EDWARD DOTSON, JR., ADC #115565 v. PLAINTIFF 4:20CV00068-BRW-JTK KING, et al. DEFENDANTS ORDER I have received proposed findings and recommendations from United States Magistrate Judge Jerome T. Kearney. After a review of those proposed findings and recommendations, and the timely objections received thereto, as well as a de novo review of the record, the Court adopts them in their entirety. Although Plaintiff has now filed an amended complaint, it fails for the same reasons set out in the recommendations. Additionally, Plaintiff’s amended complaint fails to allege an atypical or significant deprivation under Sandin v. Conner, 515 U.S. 472 (1995) and a violation of ADC policy does not state a claim. Accordingly, Plaintiff’s Complaint against Defendants is DISMISSED without prejudice, for failure to state a claim upon which relief may be granted. Dismissal of this action constitutes a “strike” within the meaning of the Prison Litigation Reform Act (PLRA), 28 U.S.C. § 1915(g). I certify that an in forma pauperis appeal from an Order and Judgment dismissing this action would not be taken in good faith, pursuant to 28 U.S.C. § 1915(a)(3). IT IS SO ORDERED this 8th day of May, 2020. Billy Roy Wilson UNITED STATES DISTRICT JUDGE 1 Dockets.Justia.com
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
