Kirby v. Outlaw et al

Filing 9

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
EASTERN DIVISION
DAMIAN KIRBY
Reg.# 04620-061

v.

PLAINTIFF
No. 2:12-cv-162-DPM

T.C. OUTLAW, Warden, FCI-Forrest City et al.

DEFENDANTS

ORDER
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).

So Ordered.
D.P. Marshall Jr. 11
United States District Judge

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