Opinion
5:22-CV-5171
12-20-2022
MITCHELL DWAIN RILEY, JR. PLAINTIFF v. JOHN AND JANE DOE OFFICERS, Fayetteville Police Department DEFENDANTS
ORDER
TIMOTHY L. BROOKS, DISTRICT JUDGE
Now before the Court is the Report and Recommendation (Doc. 12) of the Honorable Christy Comstock, United States Magistrate Judge for the Western District of Arkansas. Fourteen (14) days have passed without objections being filed by the parties.
The Court has reviewed this case and, being well and sufficiently advised, finds as follows: the Report and Recommendation is proper and should be and hereby is ADOPTED IN ITS ENTIRETY. Accordingly, the case is DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. §1915A(b)(1) for failure to state a claim upon which relief may be granted. Plaintiff is warned that, in the future, this dismissal may be counted as a strike for purposes of 28 U.S.C. § 1915(g) and thus, the Clerk is directed to place a § 1915(g) strike flag on the case for future judicial consideration. Further, the Court finds that any appeal from this dismissal would not be taken in good faith.
IT IS SO ORDERED