McCullough v. Hudson et al

Filing 11

ORDER denying 10 Plaintiff's Motion for Reconsideration of the Court's 7 Order & 8 Judgment. Signed by Judge D. P. Marshall Jr. on 3/31/2011. (jct)

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McCullough v. Hudson et al Doc. 11 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION WALTER A. McCULLOUGH ADC #91861 PLAINTIFF v. Case No. 3:10-cv-330-DPM ANN HUDSON, Retired Clerk, Craighead County Circuit Court; CAROLYN YORK, Interim Clerk, Craighead County Circuit Court; MARY ANN WILKINSON, Clerk, Lee County Circuit Court; and MOSES JACKSON, Chief of Security, East Arkansas Regional Unit DEFENDANTS ORDER The Court denies Walter McCullough's motion to reconsider, Document No. 10, its 14 March 2011 Order denying his request to proceed in forma pauperis and dismissing his amended complaint without prejudice under the three-strikes rule. The motion is denied for the same reasons the Court discussed in its prior Order. The Court has considered McCullough's "Supplemental Pleading", Document No.6, and concluded that a disciplinary resulting from taking tuna from the chow hall does not satisfy the imminentdanger exception. Finally, McCullough's papers do not explain away the termination date contained within the work restriction: "This Medical Restriction(s)/Limitation(s)/Special Authorization(s) Ends: 09/25/2008." Document No.5, at 12. McCullough has not shown that his physical safety was in imminent danger when he filed this case (or since). Therefore the Court may not apply 28 U.s.C. 1915(g). So Ordered. D.P. Marshall Jr. United States District Judge -2

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