Richardson v. Reed

United States District Court for the Eastern District of Arkansas

Richardson v. Reed

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION

ANGELA SCHUNCEY RICHARDSON PLAINTIFF ADC# 712575

v. Case No. 4:21-CV-00134-LPR

KRYSTLE REED DUNCAN DEFENDANT

ORDER The Court has received a Recommendation from Magistrate Judge Edie R. Ervin and Plaintiff’s objections. After carefully considering the objections and making a de novo review of the Recommendation and the record in this case, the Court concludes that the Recommendation should be, and hereby is, approved and adopted as this Court’s findings in its entirety. IT IS THEREFORE ORDERED that: (1) The Clerk’s entry of default against Defendant Krystle Reed Duncan (Doc. 29) is VACATED. (2) Plaintiff Richardson’s Motion for a Default Judgment (Doc. 27) is DENIED. (3) Plaintiff Richardson’s Complaint (Doc. 2) is DISMISSED without prejudice, and the Clerk is instructed to close the case.1 (4) The Court recommends pursuant to

28 U.S.C. § 1915

(a)(3) that this dismissal constitute a “strike” and certifies that an in forma pauperis appeal of this Order or the accompanying Judgment would not be taken in good faith.

1 In addition to the reasons provided by Judge Ervin, see also Marshall v. Baggett,

616 F.3d 849, 855

(8th Cir. 2010) and Murray v. Lene,

595 F.3d 868, 871

(8th Cir. 2010). Dated this 3rd day of January 2023.

LEE P. RUDOFSKY UNITED STATES DISTRICT JUDGE

Reference

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