Phelan v. Payne

Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION JERRY R. PHELAN PLAINTIFF ADC #172113 v. Case No: 4:25-cv-00494-LPR DEXTER PAYNE, et al. DEFENDANTS ORDER The Court has reviewed the Recommended Disposition (RD) submitted by United States Magistrate Judge Patricia S. Harris (Doc. 5) and the Plaintiffs Objections (Doc. 6). After a de novo review of the RD, along with careful consideration of the Objections and the entire case record, the Court hereby approves and adopts the RD in its entirety as this Court’s findings and conclusions in all respects.' Accordingly, Plaintiff's Complaint (Doc. 2) is DISMISSED without prejudice for failure to state a claim upon which relief may be granted. The Court recommends that dismissal of this case count as a “strike,” in the future, for purposes of 28 U.S.C. § 1915(g). The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith. IT IS SO ORDERED this 2nd day of September 2025.

LEE P. RUDOFSKY UNITED STATES DISTRICT JUDGE

'Tn addition to what is stated in the RD, the Court also notes that the official-capacity damages claims are barred by sovereign immunity and, in any event, are not viable because a state is not a “person” for purposes of § 1983. Will v. Mich. Dep’t of State Police, 491 U.S. 58, 71 (1989).