Kirby v. Outlaw et al

Filing 95

ORDER denying 92 Motion for Reconsideration. Signed by Judge D. P. Marshall Jr. on 10/6/11. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION DAMIAN KIRBY REG# 04620-061 v. PLAINTIFF 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, Lieutenant; 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 ORDER Damian Kirby moves this Court to reconsider its 14 September 2011 order, Document No. 89, adopting Magistrate Judge Jerome T. Kearney's recommendation that Kirby's complaint be dismissed without prejudice. He again asks for a voluntary dismissal without prejudice, and again does not want a strike"under the provisions of the Prison Litigation Reform Act, 28 /I U.S.C. § 1915(g). Motion, Document No. 92, denied. The docket runs to ninetyplus entries. Kirby may not litigate with zeal and then avoid the reach of the Act. The dismissal counts as a strike." /I So Ordered. D.P. Marshall Jr. (/ United States District Judge -2­

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