Smith v. US Department of Education et al

Filing 10

ORDER denying 9 Motion to Vacate. The Court admonishes Smith against filing any more motions in this closed case. His potential remedy, if one remains, is through appeal. Signed by Judge D. P. Marshall Jr. on 8/17/2016. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
PLAINTIFF

FREDERICK SMITH

v.

No. 3:16-cv-89-DPM

UNITED STATES DEPARTMENT OF EDUCATION;
BRIAN BEERS, Special Agent; and PHILLIP CARTER,
Former City Council Member

DEFENDANTS

ORDER
Smith's legal analysis in his third motion to vacate is mistaken. The
governing statute requires a merits screening before service. 28 U.S.C. §
1915(e)(2). Smith's latest motion, NQ 9, is denied. The Court admonishes
Smith against filing any more motions in this closed case. His potential
remedy, if one remains, is through appeal.
So Ordered.
D .P. Marshall Jr.

United States District Judge