Opinion
4:23-cv-00338-KGB
03-14-2024
JOSHUA M. FEATHERSTON ADC #154947 PLAINTIFF v. JOHNSON DEFENDANT
ORDER
KRISTINE G. BAKER, CHIEF UNITED STATES DISTRICT JUDGE
Before the Court is the Recommended Disposition (“Recommendation”) submitted by United States Magistrate Judge Edie R. Ervin (Dkt. No. 5). Judge Ervin recommends that the Court dismiss plaintiff Joshua M. Featherston's complaint without prejudice based on his failure to state a plausible claim and that this Court decline to exercise jurisdiction over any potential state-law claims (Id., at 4). Although Mr. Featherston filed a motion for order, which this Court has considered (Dkt. No. 7), Mr. Featherston filed no objections to the Recommendation, and the time for doing so has passed.
After careful review, the Court concludes that the Recommendation should be, and hereby is, approved and adopted as this Court's findings in all respects (Dkt. No. 5). The Court: (1) dismisses without prejudice Mr. Featherston's complaint (Dkt. No. 2), (2) recommends that this dismissal count as a “strike” for purposes of 28 U.S.C. § 1915(g), (3) certifies that an in forma pauperis appeal taken from this Order and accompanying Judgment would be frivolous and not in good faith, and (4) denies as moot Mr. Featherston's motion for order (Dkt. No. 7).
It is so ordered.