Coley v. Kelley

United States District Court for the Eastern District of Arkansas

Coley v. Kelley

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION ANTONIO DEMARION COLEY PLAINTIFF ADC #92842

v. CASE NO. 5:19-CV-00113 BSM WENDY KELLEY, Director, Arkansas Department of Correction, et al. DEFENDANTS ORDER After de novo review, United States Magistrate Judge Joe J. Volpe’s findings and recommendations [Doc. No. 4] are adopted, and Antonio DeMarion Coley’s case is dismissed without prejudice. Jurisdiction is not asserted over Coley’s state-law claims. See Johnson v. City of Shorewood, Minn.,

360 F.3d 810, 819

(8th Cir. 2004). This dismissal counts as a “strike,” and an in forma pauperis appeal would not be in good faith.

28 U.S.C. § 1915

(a)(3), (g). Coley’s motion to amend [Doc. No. 8] is denied. IT IS SO ORDERED this 14th day of May 2019.

UNITED STATES DISTRICT JUDGE

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