Johnson v. Rorex et al

Filing 35

ORDER adopting as supplemented 34 Recommendation. 33 Motion granted as modified. An in forma pauperis appeal from this Order and accompanying Judgment would not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 11/16/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
JEREMY JOHNSON

v.

PLAINTIFF
No. 3:17-cv-79-DPM

STEVE ROREX, Jail Administrator,
Poinsett County Detention Center;
BECKY HITTS, Captain, Poinsett County
Detention Center; KIM MUSE, Assistant
Jail Administrator, Poinsett County
Detention Center; and LARRY MILLS,
Former Sheriff

DEFENDANTS

ORDER
Unopposed recommendation, NQ 34, adopted as supplemented.
FED.

R. Crv. P. 72(b) (1983 addition to advisory committee notes). In

general, dismissal should be a last resort when faced with a party, like
Johnson, who isn't cooperating in discovery. Hunt v. City of

Minneapolis, Minnesota, 203 F.3d 524, 527 (8th Cir. 2000). Given the
length of time involved here, Johnson's opportunities to cure, and the
absence of meaningful alternative sanctions for an umesponsive prose
litigant, dismissal without prejudice is appropriate. Motion, NQ 33,
granted as modified. An in forma pauperis appeal from this Order and
accompanying Judgment would not be taken in good faith. 28 U.S.C.
§ 1915(a)(3).

So Ordered.
D.P. Marshall Jr.
United States District Judge
J& Nr111eM~ :<.017

-2-