LaFleur v. Davis

United States District Court for the Eastern District of Arkansas

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

_2-

Reference

Status
Unknown