Kirby v. Outlaw et al

Filing 90

JUDGMENT re 89 Order Adopting Report and Recommendations and dismissing plaintiff's complaint without prejudice. Signed by Judge D. P. Marshall Jr. on 9/14/11. (kpr)

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

EASTERN DIVISION

DAMIAN KIRBY

REG# 04620-061

v.

PLAINTIFF
Case No. 2:11-cv-14-DPM

T.C. OUTLAW, Warden; HOWARD, Captain;
GARNER, Correctional Officer; HUDDLESTON,
Correctional Officer; KILLINGSWORTH,
Correctional Officer; McINTOSH, Lieutenant;
STEEL, Lieutenant; CHATTERS, Lieutenant;
RICOLCOL, Lieutenant; WHITE, Correctional
Officer; PRUETT, Correctional Officer;
LEATHERS, Correctional Officer;
MAKOOL, Correctional Officer; DAVIS,
Correctional Officer; BROCKWAY, Correctional
Officer; ROTH, Correctional Officer; WARREN,
Correctional Officer; GILLS, Correctional Officer;
HANKS, Correctional Officer; COLEMAN,
Correctional Officer; CLARK, Correctional Officer;
THOMPSON, Correctional Officer; GRADY,
Correctional Officer; HALK, Correctional Officer;
MELVIN, Correctional Officer; ROACH, Dentist;
HOUSTON, Counselor; NORRIS, Case Manager;
VAUGHN, Unit Manager; DOES, Lieutenants,
Correctional Officers, Medical, Warden, Captain,
SIS, Counselors, Case Managers, Unit Managers, etc.,
Federal Correctional Institution, Forrest City, all sued
in their individual and official capacities

DEFENDANTS

JUDGMENT
Damian Kirby's complaint is dismissed without prejudice. An in forma

pauperis appeal from this order would not be in good faith. 28 V.S.C.A. §
1915(a)(3) (West 2006). This dismissal shall constitute a "strike" within the
meaning of 28 V.S.C.A. § 1915(g) (West 2006).

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