Opinion
2:22-CV-00200-JM-JTR
01-10-2023
JEFFERY TODD HENSON Reg #23187-026 PLAINTIFF v. MAHARAJ ALEJANDRO TOMAR, Doctor/Clinical Director, FCI-Forrest City Low, et al. DEFENDANTS
ORDER
The Court has reviewed the Recommended Disposition submitted by United States Magistrate Judge J. Thomas Ray and the objections. After carefully considering these documents and making a de novo review of the record in this case, the Recommendation is approved and adopted in its entirety as this Court's findings in all respects.
IT IS THEREFORE ORDERED that Plaintiff's First Amendment Retaliation claim against Defendant Dr. Tomar is DISMSSED, WITH PREJUDICE. Plaintiff's claims against Defendants Yates and Peters are DISMISSED, WITHOUT PREJUDICE. As these claims are being dismissed for failure to state a claim, it is recommended that this dismissal be counted as a “STRIKE” for purposes of 28. U.S.C. § 1915(g).Judgment will be entered accordingly.
In Gonzalez v. United States, 23 F.4th 788, 791 (8th Cir. 2022), the Eighth Circuit held a strike cannot be assessed at the time of dismissal. instead the court deciding whether the prisoner is entitled to proceed in forma pauperis in a future proceeding must make that determination.