Lindsey v. Yates

United States District Court for the Eastern District of Arkansas

Lindsey v. Yates

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS DELTA DIVISION RAYMOND LINDSEY PLAINTIFF Reg. #48345-044

v. CASE NO. 2:22-CV-00244-BSM JOHN P. YATES, Warden FCI-Forrest City Low, et al. DEFENDANTS ORDER After de novo review of the record, including Raymond Lindsey’s objections [Doc. No. 11], United States Magistrate Judge Edie R. Ervin’s recommended disposition [Doc. No. 5] is adopted. Lindsey’s lawsuit is dismissed without prejudice for failure to state a claim

upon which relief may be granted. To the extent Lindsey seeks to assert a Federal Tort Claim Act claim regarding personal property confiscated or damaged by BOP officials, that claim would fail. Reagan v. Rendon, 4:19-CV-00152-KGB-JJV,

2019 WL 2321371

, at *2 (E.D. Ark. Mar. 6, 2019) (citing Ali v. Fed. Bureau of Prisons, 552 U.S, 214, 228 (2008)). An in forma pauperis appeal would not be taken in good faith, and it is recommended that this dismissal count as a “strike” for purposes of

28 U.S.C. section 1915

(g). IT IS SO ORDERED this 28th day of March, 2023.

Barer ZX Ag2e_ UNITED STATES DISTRICT JUDGE

Reference

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