Kirby v. Outlaw et al
ORDER adopting 8 Report and Recommendations in full. Kirby's 2 Complaint is dismissed without prejudice. An in forma pauperis appeal from this order would not be in good faith. Signed by Judge D. P. Marshall Jr. on 1/8/2013. (dmn)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
T.C. OUTLAW, Warden, FCI-Forrest City et al.
Kirby has not objected to Magistrate Judge H. David Young's
recommendation, Document No.8, that the Court dismiss Kirby's complaint
for failure to submit an amended complaint as ordered. Neither has Kirby
submitted the amended complaint. It is unclear from the docket whether
Kirby received Judge Young's Order granting his request for more time to
comply. But Kirby's address-change notice, Document No. 7, confirms that he
received the Order setting the deadline; and in the more than 90 days since his
last filing he has not submitted an amended complaint.
On review for clear errors of fact on the face of the record, FED. R. CN.
P. 72(b) (1983 addition to Advisory Committee Notes), and for legal error, the
Court adopts Judge Young's proposal in full. Kirby's complaint is dismissed
without prejudice. An in forma pauperis appeal from this order would not be
in good faith. 28 U.S.C. § 1915(a)(3).
D.P. Marshall Jr. 11
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?