Holly v. McCormick et al

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
TERRANCE J. HOLLY 	PLAINTIFF
v. 	Case No. 6:23-cv-6103
SHERIFF MIKE MCCORMICK (Garland
County, Arkansas); JAIL ADMINISTRATOR
JOEL WARE (Garland County Detention Center, GCDC);
FOOD ADMINISTRATOR JESSIE HUNDHAUSEN (GCDC);
DEPUTY KING (GCDC); EVAN JONES (GCDC);
SERGEANT GATES 	DEFENDANTS
ORDER
Before the Court is the Report and Recommendation filed by the Christ Comstock, United
States Magistrate Judge for the Western District of Arkansas. 	ECF No. 21. 	Judge Comstock
recommends that this case be 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 has not filed objections to
the Report and Recommendation, and the time to object has passed. See 28 U.S.C. § 636(b)(1).
Upon review, the Court adopts the Report and Recommendation in toto. Accordingly, this case is
DISMISSED WITHOUT PREJUDICE.
Plaintiff is warned that, in the future, this dismissal may be counted as a strike for purposes
of 28 U.S.C. § 1915(g). The Clerk is directed to place a § 1915(g) strike flag on this case for future
judicial consideration. 	Further, pursuant to 28 U.S.C. § 1915(a)(3), the Court certifies that any
appeal from this dismissal would not be taken in good faith.
IT IS SO ORDERED, this 24th day of April, 2025.
/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge
Case 6:23-cv-06103-SOH Document 26 Filed 04/24/25 Page 1 of 1 PageID #:
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