Shelton v. Washington

United States District Court for the Eastern District of Arkansas

Shelton v. Washington

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION VIRGIL CLAYBORN SHELTON, JR PLAINTIFF ADC #103360 V. No. 4:22-CV-1131-JM-JTR WASHINGTON, Classification Officer, Varner Unit, et al. DEFENDANTS

ORDER The Court has recetved a Recommendation for dismissal from Magistrate Judge J. Thomas Ray. No objections have been filed, and the time to do so has now passed. After careful 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. Shelton’s Complaint and Amended Complaint (Doc. 2; Doc. 9) are DISMISSED, without prejudice. The Court recommends that the dismissal count as a “strike” for the purposes of the Prison Litigation Reform Act.

28 U.S.C. § 1915

(g); see Gonzalez v. United States,

23 F.4th 788, 789

(8th Cir.), cert. denied,

213 L. Ed. 2d 1065

,

142 S. Ct. 2837

(2022). The Court certifies, pursuant to

28 U.S.C. § 1915

(a)(3), that an in forma pauperis appeal from any Order adopting this Recommendation would not be taken in good faith. IT IS SO ORDERED this 4th day of October, 2023. aan ee cree

Reference

Status
Unknown