Lyons v. Ming et al

Filing 3

ORDER withdrawing the referral to Magistrate Judge Deere. Lyons is abusing the judicial process as she is a three-striker. Lyons's motion to proceed in forma pauperis is denied based on prior strikes and the lack of any new allegedly imminent danger. Plaintiff's combined complaint is therefore dismissed without prejudice. Signed by Judge D. P. Marshall Jr. on 11/12/2014. (jak)

Download PDF
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION CHANDRA LYONS ADC #704518 v. PLAINTIFF No.1:14-cv-138-DPM-BD JASON MING, Lieutenant; GAY, Sergeant; BRANSCUM, Corporal; K. JOHNSON; Inmate, McPherson Unit; V. STOUT, Inmate, McPherson Unit; MECHELLE ROBISON, Inmate, McPherson Unit; CHERYL ALLEN, Inmate, McPherson Unit; HERBERT, Inmate, McPherson Unit; GOLA, Sergeant, McPherson Unit, ADC; LINDA DIXON, Major, McPherson Unit, ADC; B. WILLIAMS, Head of Medical, McPherson Unit, ADC; WORSHAM, Nurse, McPherson Unit, ADC; BLEDSOE, Nurse, McPherson Unit; A. WEEKLY, Assistant Warden, McPherson Unit, ADC; N. FAUST, Warden, McPherson Unit, ADC; LINDA DYKES, Captain, McPherson Unit, ADC; D. FRANKLIN, Inmate, McPherson Unit; TRAMMEL, Inmate, McPherson Unit; K. COLLINS, Inmate, McPherson Unit; MECHELLE JONES, Inmate, McPherson Unit; BRANDY SMITH, Inmate, McPherson Unit; DUNAVI ON, Sergeant, McPherson Unit, ADC; ROBINSON, Legal Document Clerk, McPherson Unit, ADC; JONES, Lieutenant, McPherson Unit, ADC; STONE, Sergeant, McPherson Unit, ADC; M. WILLIAMS, Sergeant, McPherson Unit, ADC; RICHARDSON, Lieutenant, McPherson Unit, ADC; MELISSA JAMES, McPherson Unit, ADC; JOYCE WESTMENT, Inmate, McPherson Unit, ADC; and CYTHINA STIDMAN, Inmate, McPherson Unit DEFENDANTS ORDER 1. The referral to Magistrate Judge Deere is withdrawn. 2. Lyons is abusing the judicial process. She is a three-striker. 28 U.S.C. § 1915(g); see, e.g., Lyons v. McDonald, 5:96-cv-369-GH; Lyons v. Anderson, 5:96- cv-463-SWW; Lyons v. Thompson, 5:96-cv-547-SMR. She's filed six new cases in the last seven weeks. NQ 2 at 1 (listing cases). I've decided two of those cases, which wereassignedatrandom tome. Nos. 5:14-cv-396-DPMand 1:14cv-134-DPM. In this case, she seeks to combine all her current lawsuits into one. Her initial filing is seventy-four pages long and covers a variety of events involving many folks during the last nine years. She has filed the same paper as a motion to consolidate in the two cases I was handling and apparently in all her cases. 3. Lyons's motion to proceed in forma pauperis, NQ 1, is denied based on prior strikes and the lack of any new allegedly imminent danger. 28 U.S.C. § 1915(g). 4. Her proposed combined complaint fails on screening, in any event. It is not a short and plain statement of claims. It covers many unrelated things. It is simply not a manageable case. Moreover, two of her six lawsuits -2- have already been dismissed. She can't resuscitate them with this filing. And the other four cases are being handled in the normal course by other judges. Her combined complaint is therefore dismissed without prejudice. So Ordered. D.P. Marshall Jr. United States District Judge -3-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?