Pillow v. Ryals

Opinion

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

HYTHONYO PILLOW PLAINTIFF

No. 4:20-cv-222-DPM

TIM RYALS, Sheriff, Faulkner County Jail; KEVIN NEAL, Lieutenant, Faulkner County Jail; RUSTY PAGE, Sergeant, Faulkner County Jail; ROBERT DOYAL, Corporal, Faulkner County Jail; and REED MILLER, Captain, Faulkner County Detention Center, Unit 1 DEFENDANTS

ORDER The Court adopts Magistrate Judge Ray’s unopposed recommendation, Doc. 11, as supplemented. FED. R. CIV. P. 72(b) (1983 addition to advisory committee notes). The supplement: Pillow notes that while the toilet was broken, he was either taken to booking to use the bathroom or required to urinate in a mop bucket in his cell. Doc. 5 at 5. The Court concludes that the lack of a flushable toilet in the cell for a six-day stretch did not constitute punishment in violation of the Constitution. Knop v. Johnson, 977 F.2d 996, 1013 (6th Cir. 1992). Pillow’s complaint and amended complaint will be dismissed without prejudice for failure to state a claim. 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. Nr 4a holly: D.P. Marshall Jr. United States District Judge 18 Mecenrleer 20R0_

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