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Daniels v. Arkansas Department of Community Correction

United States District Court, E.D. Arkansas, Pine Bluff Division

March 19, 2015

RAKEBIA QUJUAN DANIELS, ADC #754266, Plaintiff,
v.
ARKANSAS DEPARTMENT OF COMMUNITY CORRECTION, et al., Defendants.

ORDER

SUSAN WEBBER WRIGHT, District Judge.

The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge J. Thomas Ray and the filed objections. After carefully considering these documents and making a de novo review of the record in this case, the Court concludes that the Proposed Findings and Recommended Disposition should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects. Plaintiff's assertion that she was in poor health and lacked the financial ability to bring a lawsuit does not state a basis for the tolling of the statute of limitations.

IT IS THEREFORE ORDERED that:

1. Pursuant to 28 U.S.C. § 1915A, this case is DISMISSED WITH

PREJUDICE as being frivolous.

2. Dismissal constitutes a "STRIKE, " as defined by 28 U.S.C. § 1915(g).[1]

3. It is CERTIFIED, 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.


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