Luttrell v. Outlaw
ORDER adopting 40 Judge Deere's Partial Recommended Disposition; denying 9 , 10 , 13 , 18 , and 33 Motions; and, directing the Clerk to file 17 Luttrell's objection, as his amended complaint. Signed by Judge D. P. Marshall Jr. on 10/12/2011. (dmn)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CHARLES RAY LUTTRELL,
T.C. OUTLAW, Warden
The Court has considered Magistrate Judge Beth Deere's Partial
Recommended Disposition, Document No. 40, and Luttrell's objections,
Document No. 47. On de novo review, FED. R. CIV. P. 72(b)(3), the Court adopts
Judge Deere's recommendation with two additional observations. First,
notwithstanding the information in Luttrell's additional filings, he has not
shown irreparable harm in his current circumstances: for example, he has
gotten medication for his stomach problems and been seen by a
gastroenterologist. Document No. 49, at 2. Second, Luttrell has not made a
sufficient showing about likely future harm resulting from unremedied
current conditions to justify the extraordinary step of injunctive relief. Helling
v. McKinney, 509 U.S. 25, 32-35 (1993); Larson v. Kempker, 414 F.3d 936, 940 (8th
Judge Deere's Partial Recommended Disposition, Document No. 40, is
adopted as supplemented. Motions, Document Nos. 9, 10, 13, 18 & 33, denied.
The Clerk is directed to file Luttrell's objection, Document No. 17, as his
D.P. Marshall Jr.
United States District Judge
12 October 2011
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