Robinson v. Andrews et al

Filing 13

ORDER adopting 11 Recommendation as modified and mostly overruling 12 Objections. Robinson's 2 Complaint is dismissed without prejudice and 3 Motion for a TRO is denied. Robinson is directed to file an amended complaint - limited to his mental health care, and adding more information about imminent danger - by 6/15/2018. The Court will withhold judgment pending consideration of this new pleading. The Court returns this case to the Magistrate Judge. Signed by Judge D. P. Marshall Jr. on 5/15/2018. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
CHRISTOPHER BLAIR DESHAUN ROBINSON,
ADC #164517

v.

PLAINTIFF

No. 2:18-cv-44-DPM-BD

ANDREWS, Warden, EARU, ADC, et al.

DEFENDANTS

ORDER

On de nova review, the Court adopts the recommendation as
modified, NQ 11, and mostly overrules Robinson' s objections, NQ 12. F ED.
R. CIV. P. 72(b) (1983 addition to advisory committee notes).
The Magistrate Judge is correct: none of Robinson's many claims,
NQ 2, satisfies the imminent-danger exception. 28 U.S.C. § 1915(g). His
motion for a TRO, NQ 3, is denied. His complaint, NQ 2, is dismissed
without prejudice.
In his objections, though, Robinson says he' s not getting
appropriate mental health care. NQ 12 at 7. This is a new claim. H e also
says he's in danger of harming himself. NQ 12 at 1 & 7. This is also new,
and makes a start at satisfying the imminent-danger exception. The
Court therefore directs Robinson to file a proposed amended
complaint- limited to his mental health care, and adding more
information about imminent danger. Proposed amended complaint due
by 15 June 2018.

The Court will withhold judgment pending

consideration of this new pleading.

If Robinson does not file a new

pleading by that date, then the Court will dismiss this case without
prejudice. LOCAL RULE 5.5(c)(2).
The Court cautions Robinson, given his filing history, about
attempting to expand the permissible issues. And the Court returns this
case to the Magistrate Judge.
So Ordered.

D.P. Marshall Jr.
United States District Judge

-2-