Opinion
4:23-CV-01075-LPR-JTK
04-25-2024
BRIAN JAMES ELLENBERGER ADC #653122 PLAINTIFF v. JESUS DOMINGUEZ, et al. DEFENDANTS
ORDER
LEE P. RUDOFSKY, UNITED STATES DISTRICT JUDGE
The Court has reviewed the Partial Recommended Disposition (PRD) submitted by United States Magistrate Judge Jerome T. Kearney (Doc. 6). No objections have been filed, and the time to do so has expired. After a de novo review of the PRD and careful consideration of the case record, the Court hereby approves and adopts the PRD in its entirety as this Court's findings and conclusions in all respects.
Accordingly, Plaintiff's claims against the Yell County Detention Center are DISMISSED without prejudice for failure to state a claim on which relief may be granted. The Clerk is directed to TERMINATE Yell County Detention Center as a party to this action. Additionally, Plaintiff's First Amendment claims against Defendant Robinson are DISMISSED without prejudice for failure to state a claim. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order would not be taken in good faith.
IT IS SO ORDERED.