LaFleur v. Davis
LaFleur v. Davis
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION
CLIFFORD KEVIN LaFLEUR ADC #124268 PLAINTIFF
v. No. 3:20-cv-147-DPM
RICKY DAVIS, Lieutenant, Grimes Unit DEFENDANT
ORDER On de novo review, the Court adopts Magistrate Judge Volpe’s recommendation, Doc. as supplemented and overrules LaFleur’s objections, Doc. 7. FED. R. Civ. P. 72(b)(3). LaFleur’s complaint fails to state an ADA claim, too, because he doesn’t allege that Lieutenant Davis denied him any benefit or service because of his disability.
42 U.S.C. § 12132; see also Dinkins v. Correctional Medical Services,
743 F.3d 633, 634-35(8th Cir. 2014). LaFleur’s complaint will be dismissed without prejudice for failure to state aclaim. This dismissal counts as a “strike” for purposes of
28 U.S.C. § 1915(g). An in forma pauperis appeal from this Order and accompanying Judgment would not be taken in good faith.
28 U.S.C. § 1915(a)(3).
So Ordered.
D.P. Marshall Jr. United States District Judge ad ule AVAOD
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Reference
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