Stockton v. Cannon

United States District Court for the Eastern District of Arkansas

Stockton v. Cannon

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION

JOSHUA MATTHEW STOCKTON PLAINTIFF ADC #169885

V. No. 4:23-CV-682-BRW-JTR

CANNON, Sgt., Night Shift, Pine Bluff Complex, ADC; HOWELL, Cpl., Maintenance Supervisor, Pine Bluff Complex, ADC; BARRON, Sgt., Pine Bluff Complex, ADC; BOULDEN, Deputy Warden, ADC, Pine Bluff; MARSHALL REED, Chief Deputy Director, ADC; and JOE PAGE, III, Superintendent DEFENDANTS

ORDER

The Court has received a Recommendation for dismissal from Magistrate Judge J. Thomas Ray, along with timely objections. After careful review of the objections and 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. Stockton’s Amended Complaint (Doc. 6) is DISMISSED, without prejudice, for failure to state a claim on which relief may be granted. 2. 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,

142 S. Ct. 2837

(2022). 3. 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 24th day of October, 2023.

BILLY ROY WILSON _________________________________ UNITED STATES DISTRICT JUDGE

Reference

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