UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS DELTA DIVISION JEFFERY TODD HENSON PLAINTIFF Reg #23187-026 V. No. 2:22-CV-00200-JM-JTR MAHARAJ ALEJANDRO TOMAR, Doctor/Clinical Director, FC]-Forrest City Low, et al. DEFENDANTS

ORDER The Court has reviewed the Recommended Disposition submitted by United States Magistrate Judge J. Thomas Ray and the objections. After carefully considering these documents and making a de novo review of the record in this case, the Recommendation is approved and adopted in its entirety as this Court's findings in all respects. IT IS THEREFORE ORDERED that Plaintiffs First Amendment Retaliation claim against Defendant Dr. Tomar is DISMSSED, WITH PREJUDICE. Plaintiff's claims against Defendants Yates and Peters are DISMISSED, WITHOUT PREJUDICE. As these claims are being dismissed for failure to state a claim, it is recommended that this dismissal be counted as a “STRIKE” for purposes of 28. U.S.C. § 1915(g).! Judgment will be entered accordingly. Dated this 10th day of January, 2023.

un STATES Cla JUDGE

' In Gonzalez v. United States,

(8th Cir. 2022), the Eighth Circuit held a strike cannot be assessed at the time of dismissal. Instead the court deciding whether the prisoner is entitled to proceed in forma pauperis in a future proceeding must make that determination.