Humble v. Arkansas County Detention Center et al, No. 5:2013cv00345 - Document 12 (E.D. Ark. 2014)

Court Description: ORDER ADOPTING 10 PROPOSED FINDINGS AND RECOMMENDATIONS in their entirety as this Court's findings in all respects. Defendants James A. Tucker and Jim Tucker are the same person, so the Clerk shall terminate Jim Tucker; Defendants Arkansas Co unty Jail and Sabrina Greer are dismissed without prejudice; Mr. Humble's claims against defendants Robbie Fread and James A. Tucker are dismissed without prejudice for failure to state a claim; dismissal of this action counts as a strike and the Court certifies that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Kristine G. Baker on 06/09/2014. (rhm)
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Humble v. Arkansas County Detention Center et al Doc. 12 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION JAMES HUMBLE, JR. ADC # 117144 v. PLAINTIFF Case No. 5:13-cv-00345-KGB-JJV ARKANSAS COUNTY DETENTION CENTER, et al. DEFENDANTS ORDER The Court has reviewed the proposed findings and recommendations submitted by United States Magistrate Judge Joe J. Volpe (Dkt. No. 10). No objections have been filed. After careful consideration, the Court concludes that the proposed findings and recommendations 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. Defendants James A. Tucker and Jim Tucker are the same person, so the Clerk shall terminate Jim Tucker. 2. Defendants Arkansas County Jail and Sabrina Greer are dismissed without prejudice pursuant to James Humble, Jr.’s, amended complaint. 3. Mr. Humble’s claims against defendants Robbie Fread and James A. Tucker are dismissed without prejudice for failure to state a claim upon which relief may be granted. 4. Dismissal of this action counts as a “strike” for purposes of 28 U.S.C. § 1915(g). 5. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith. IT IS SO ORDERED this 9th day of June, 2014. ____________________________________ Kristine G. Baker United States District Judge Dockets.Justia.com