Braswell v. Potts

E.D. Arkansas

Braswell v. Potts

DecidedAugust 14, 2020

Docket4:20-cv-00810

StatusUnknown

This text of Braswell v. Potts (Braswell v. Potts) is published on Counsel Stack Legal Research, covering District Court, E.D. Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Braswell v. Potts, (E.D. Ark. 2020).

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION CAMERON BRASWELL PLAINTIFF #30724

v. Case No. 4:20-cv-00810-LPR

SUSAN POTTS DEFENDANT

ORDER The Court has received a Recommendation for dismissal from Magistrate Judge Jerome T. Kearney. No objections have been filed, and the time to do so has now passed. After careful review of the Recommendation and the record, the Court concludes that the Recommendation should be, and hereby is, approved and adopted in its entirety. In addition to the reasons stated in the Recommendation, the Court further notes that Mr. Braswell’s official capacity claims fail because he did not allege that his injury was caused by a government policy or custom. See, e.g., Remington v. Hoopes, 611 F. App’x 883, 885 (8th Cir. 2015) (unreported); Gladden v. Richbourg, 759 F.3d 960, 968 (8th Cir. 2014). Mr. Braswell’s claims are DISMISSED without prejudice for failure to state a claim upon which relief may be granted. This dismissal constitutes a “strike” under 28 U.S.C. § 1915(g). Pursuant to 28 U.S.C. § 1915(a)(3), the Court certifies that an in forma pauperis appeal of this Order or the accompanying Judgment would not be taken in good faith. IT IS SO ORDERED this 14th day of August 2020.

LEE P. RUDOFSKY UNITED STATES DISTRICT JUDGE

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION CAMERON BRASWELL PLAINTIFF #30724

v. Case No. 4:20-cv-00810-LPR

SUSAN POTTS DEFENDANT

ORDER The Court has received a Recommendation for dismissal from Magistrate Judge Jerome T. Kearney. No objections have been filed, and the time to do so has now passed. After careful review of the Recommendation and the record, the Court concludes that the Recommendation should be, and hereby is, approved and adopted in its entirety. In addition to the reasons stated in the Recommendation, the Court further notes that Mr. Braswell’s official capacity claims fail because he did not allege that his injury was caused by a government policy or custom. See, e.g., Remington v. Hoopes, 611 F. App’x 883, 885 (8th Cir. 2015) (unreported); Gladden v. Richbourg, 759 F.3d 960, 968 (8th Cir. 2014). Mr. Braswell’s claims are DISMISSED without prejudice for failure to state a claim upon which relief may be granted. This dismissal constitutes a “strike” under 28 U.S.C. § 1915(g). Pursuant to 28 U.S.C. § 1915(a)(3), the Court certifies that an in forma pauperis appeal of this Order or the accompanying Judgment would not be taken in good faith. IT IS SO ORDERED this 14th day of August 2020.

LEE P. RUDOFSKY UNITED STATES DISTRICT JUDGE

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