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)

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

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