Behr v. Schuler
Behr v. Schuler
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION GREGORY B. BEHR PLAINTIFF # 2200000697 V. CASE NO. 4:23-cv-00761-JM-JTR KATHREN SCHULER, Jail Administrator, Dallas County Detention Center, et al. DEFENDANTS
ORDER The Court has received 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. IT IS THEREFORE ORERED THAT: 1. Defendants Ables and Doe are TERMINATED as parties to this action. 2. Behr’s Amended and Substituted Complaint (Doc. 7) is DISMISSED, without prejudice. 3. 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 □ □□□ 788, 789 (8th Cir.), cert. denied,
142 S. Ct. 2837(2022). 4. 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 3rd day of November, 2023. aon
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