Opinion
4:22-cv-00084-LPR
04-11-2023
EUGENE JONES ADC #169865 PLAINTIFF v. ARKANSAS DIVISION OF CORRECTION, et al. DEFENDANTS
ORDER
LEE P. RUDOFSKY, UNITED STATES DISTRICT JUDGE
The Court has received a Recommendation from Magistrate Judge Edie R. Ervin. No objections have been filed, and the time for doing so has passed. After carefully considering the Recommendation and making a de novo review of 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.
Mr. Jones's Amended Complaint is dismissed without prejudice based on his failure to state a plausible constitutional claim for relief. Judgment shall be entered accordingly, and this case will be closed. The Court certifies that an in forma pauperis appeal of this dismissal would be frivolous and not taken in good faith. The Court also recommends that future jurists assessing the effect of this dismissal consider it a “strike” for purposes of 28 U.S.C. § 1915(g).
See Gonzalez v. United States, 23 F.4th 788, 789-91 (8th Cir. 2022) (holding that the number of strikes a prisoner has accrued for purposes of 28 U.S.C. § 1915(g) must be assessed by a later tribunal, looking backwards and independently assessing the effect of past dismissals).
IT IS SO ORDERED.