Banks v. USA

Filing 15

ORDER, re 14 Plaintiff's MOTION to Dismiss without prejudice, requesting clarification of the motion by 7/28/11. Signed by Judge D. P. Marshall Jr. on 7/12/2011. (jct)

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

JONESBORO DIVISION

PLAINTIFF

HEATH BANKS

v.

Case No. 3:10-cv-8-DPM

UNITED STATES OF AMERICA

DEFENDANT

ORDER
The Court needs clarification about Banks's recent motion, Document No.
14. If the Court dismisses without prejudice, Banks's claims may be barred

by the statute of limitations. Banks's request for one year to re-file cannot be
guaranteed by the Court. Victor Foods, Inc. v. Crossroads Economic Development

ofSt. Charles County, Inc., 977F.2d 1224, 1227 (8th Cir.1992). Does Banks wish
to go forward with his motion nonetheless? Counsel should consult with
Banks and file his answer to this question by 28 July 2011.
So Ordered.

D.P. Marshall Jr. Z/
United States District Judge

J:)-

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