Jones v. Jackson et al

Filing 3

ORDER directing the Clerk to reclassify this case as a "440" action. Signed by Magistrate Judge J. Thomas Ray on 3/17/11. (kpr) (entry modified on 3/18/2011 to correct file date) (bfw).

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Jones v. Jackson et al Doc. 3 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION DAVID TYRON JONES PLAINTIFF 4:11CV00216 JLH/JTR V. ELLIOTT JACKSON, Staff, Arkansas State Hospital; and JOHN DOE, West Memphis Public Defenders Office DEFENDANTS ORDER Plaintiff, David Tyron Jones, has been acquitted of state criminal charges due to a mental defect and committed to the Arkansas State Hospital for an unknown duration of time. See docket entry #1. On March 7, 2011, he commenced this pro se 1983 action alleging that Defendants violated his constitutional rights. Id. It is well settled that individuals, such as Plaintiff, who have been acquitted of criminal charges due to a mental defect and committed to a state hospital are not "prisoners," as defined by the Prison Litigation Reform Act. See Kolocotronis v. Morgan, 247 F.3d 726,728 (8th Cir. 2001). Accordingly, this "555" case should be reclassified as a "440" action, for internal housekeeping purposes only. IT IS THEREFORE ORDERED THAT THE Clerk is directed to reclassify this case as a "440" action. Dated this \\~ day of March, 2011. UNIT~~TR:A'fE JUDGE

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