Reeves v. Kelley et al

Filing 9

ORDER granting 5 plaintiff's Motion to Dismiss and dismissing complaint without prejudice. Signed by Judge D. P. Marshall Jr. on 2/20/12. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION MARVIN REEVES, ADC #119838 v. PLAINTIFF No.2:11-cv-195-DPM-JTR WENDY KELLEY, Chief Deputy Director of Health, Arkansas Department of Correction; HUGES, Doctor, East Arkansas Regional Unit, ADC; ANDERSON, Doctor, Diagnostic Unit, ADC; LEGIT, Doctor, Ouachita River Unit, ADC; MARYBETH FLOYD, APN, East Arkansas Regional Unit, ADC; DAVID WARE, Doctor, East Arkansas RegionalUnit, ADC; DON BALL, Doctor, East Arkansas Regional Unit, ADC; CAMPBELL, APN, East Arkansas Regional Unit, ADC; STRICKLING, East Arkansas Regional Unit, ADC; SIMMONS, East Arkansas Regional Unit, ADC; and YOUNG, Ouachita River Unit, ADC DEFENDANTS ORDER Reeves moves to voluntarily dismiss this action so that he may properly exhaust his administrative remedies against the Defendants. Dismissal at this stage is a matter of right. FED. R. CIV. P. 41(a)(1)(A)(i). Motion, Document No. 5, granted. Reeves's complaint is dismissed without prejudice. An in forma pauperis appeal from this Order and accompanying Judgment would not be taken in good faith. So Ordered. K D.P. Marshall United States District Judge ..--2QJanuary 2012 -2­

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