Pepper v. Clinkscale et al

Filing 3

ORDER directing the Clerk of the Court to take the necessary steps to transfer the case to the docket of Judge Susan W. Wright, with referral to Magistrate Judge J. Thomas Ray, and to make the necessary chip exchange. Signed by Judge James M. Moody on 9/24/09. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS HELENA DIVISION GREG PEPPER ADC #079459 V. CLINKSCALE et al. ORDE R On September 21, 2009, Plaintiff, a pro se inmate currently confined to the East Arkansas Regional Unit of the Arkansas Department of Correction, filed this 42 U.S.C. § 1983 civil rights action (docket entry #2) along with a separate application for leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 (docket entry #1). A review of Plaintiff's complaint indicates that essentially the same complaint was filed as case No. 2:09CV00037 SWW/JTR. In that case, United States District Judge Susan W. Wright, on May 15, 2009, entered an order granting Plaintiff's motion to voluntarily dismiss his complaint. Plaintiff filed that motion after United States Magistrate Judge J. Thomas Ray had entered a recommendation that certain elements of Plaintiff's complaint be dismissed, and that he be allowed to proceed solely on a retaliation claim. Because the current filing is a related case, the Clerk of the Court is directed to take the necessary steps to transfer the case to the docket of United States District Judge Susan W. Wright, with referral to Magistrate Judge J. Thomas Ray, and to make the necessary chip exchange. IT IS SO ORDERED this 24 day of September, 2009. NO: 2:09CV00143 JMM/HDY DEFENDANTS PLAINTIFF

UNITED STATES DISTRICT JUDGE