Joiner v. Vannattan

Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION

SHEQUITA L. JOINER PLAINTIFF ADC #709661

v. No. 3:23-cv-254-DPM

SHERRY VANNATTAN and TRAVIS ATKINSON DEFENDANTS ORDER

On de novo review, the Court adopts Magistrate Judge Ervin’s recommendation, Doc. 6, as supplemented. Joiner’s objections, Doc. 9-1, are overruled. Fed. R. Civ. P. 72(b)(3). Joiner emphasizes in her objection that her job was with Semah Tronix LLC, a private company, and that Vannattan and Atkinson were employees of that company. These facts do not change the result. Under the circumstances, Semah Tronix and its employees were state actors. Americans United for Separation of Church and State v. Prison Fellowship Ministries, Inc., 509 F.3d 406, 422-23 (8th Cir. 2007). Joiner’s complaint will be dismissed without prejudice for failure to state a claim. This Court recommends that this dismissal counts as a “strike” for purposes of 28 U.S.C. § 1915(g). An in forma pauperis appeal from this Order and accompanying Judgment would not be taken in good faith. 28 U.S.C. § 1915(a)(3).

So Ordered.

D.P. Marshall Jr. United States District Judge Ao March 202%

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