Opinion
4:24-cv-00452-LPR-JTK
11-01-2024
MARLON TERRYONNA SMITH ADC #139399 PLAINTIFF v. JEREMY H. JONES, et al. DEFENDANTS
ORDER
LEE P. RUDOFSKY, UNITED STATES DISTRICT JUDGE
The Court has received a Partial Recommended Disposition (PRD) from United States Magistrate Judge Jerome T. Kearney (Doc. 9). No objections have been filed, and the time for doing so has expired. After a de novo review of the PRD, along with careful consideration of the entire case record, the Court hereby approves and adopts the PRD as its findings and conclusions in all respects.
Accordingly, Plaintiff's false disciplinary claims against Defendant Jones, and Plaintiff's official capacity claims against both Defendants, are DISMISSED without prejudice for failure to state a claim upon which relief may be granted. Plaintiff's claims related to his time in solitary confinement are also DISMISSED without prejudice for failure to state a claim upon which relief may be granted. 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.