Earls v. Blythe

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
JESSE FLOYD EARLS 	PLAINTIFF
V. 	CASE NO. 2:24-CV-2161
DEPUTY BRYAN BLYTHE
(Sebastian County Detention Center) 	DEFENDANT
ORDER
Now before the Court is the Report and Recommendation (Doc. 7) of the
Honorable Mark E. Ford, 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
that the Report and Recommendation is proper and should be and hereby is ADOPTED
IN 	ITS 	ENTIRETY. 	Accordingly, 	the 	case 	is 	DISMISSED 	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. Finally, pursuant to 28 U.S.C. § 1915(a)(3), the
Court finds that any appeal from this dismissal would not be taken in good faith.
IT IS SO ORDERED on this 4th day of April, 2025.
/s/ Timothy L. Brooks
TIMOTHY L. BROOKS
UNITED STATES DISTRICT JUDGE
Case 2:24-cv-02161-TLB Document 8 Filed 04/04/25 Page 1 of 1 PageID #:
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