Smith v. US Department of Education et al

Filing 18

ORDER of Recusal. The Clerk must draw, at random, another Judge to screen all of Smith's current and future proposed filings, as well as to handle any matter in any of Smith's closed cases that were assigned to me. Signed by Judge D. P. Marshall Jr. on 12/8/2016. (jak)

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

FREDERICK SMITH

v.

No. 3:16-cv-89-DPM

U.S. DEPARTMENT OF EDUCATION;
BRIAN BEERS, Special Agent; and PHILLIP
CARTER, Former City Council Member

DEFENDANTS

ORDER
In late September, I entered an order restricting Smith's filings in this
case and all his closed cases. Ng 14. An earlier order listed Smith's cases as
of May 2016 and cautioned him about continued filings on issues already
addressed. Ng 3. Smith's closed cases are noted in the margin.* When the
Clerk receives papers from a restricted filer, they're sent to a judge for
screening-the judge who restricted the party's filings. During the last two
weeks, the Clerk has received many papers from Smith. They've come to me

· Smith v. West Memphis School District et al., 3:12-cv-214-BRW; Smith
v. State of Arkansas et al., 3:13-cv-50-JLH; Smith v . Democratic Party of
Arkansas et al., 3:14-cv-254-DPM; Smith v. Arkansas Board of Election
Commissioners et al., 3:15-cv-402-JM; Smith v. McKelvey et al., 3:16-cv-10DPM; Smith v. Democratic Party of Arkansas et al., 3:16-cv-68-DPM; Smith v.
McGowan, 3:16-cv-80-DPM; Smith v. Secretary of State, 3:16-cv-81-DPM;
Smith v. U.S . Department of Education et al., 3:16-cv-89-DPM; Smith v. Desoto
County Sheriff Department et al., 3:16-cv-163-DPM; and Smith v. Arkansas
Board of Election Commissioners, 4:15-cv-521-JM.

for review. Among those papers is a proposed lawsuit against me. I therefore
recuse. 28 U.S.C. § 455(a) & (b)(S)(i). The Clerk must draw, at random,
another judge to screen all of Smith's current and future proposed filings, as
well as to handle any matter in any of Smith's closed cases that were assigned
tome.
So Ordered.

D .P. Marshall fr.
United States District Judge

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