Brown v. Stewart et al

Filing 84

ORDER denying 83 Plaintiff's Motion for Reconsideration. Signed by Magistrate Judge J. Thomas Ray on 04/16/2012. (kcs)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION RICKY BROWN V. PLAINTIFF 4:11CV00284 JTR DR. STEWART, Medical Director, Faulkner County Detention Center, et al. DEFENDANTS ORDER1 On April 4, 2012, the Court dismissed this § 1983 action, without prejudice, because Plaintiff failed to timely and properly comply with the Court’s March 1, 2012 Order. See docket entries #80 and #81. On April 12, 2012, Plaintiff filed a Motion for Reconsideration of that ruling. See docket entry #83. In his Motion, Plaintiff admits that he received the March 1, 2012 Order at his home address in Conway, Arkansas. Id. He then makes the conclusory statement that the Order was “damaged by water in the mailbox.” Id. at 1. Plaintiff has not explained whether the typed Order was simply wet or impossible to read. More importantly, Plaintiff has not explained why, as a free world citizen, he did not immediately contact the Court to obtain another copy of the water damaged March 1, 2012 Order. Thus, he has failed to set forth a sufficient basis for the Court 1 On September 21, 2011, the parties consented to proceed before a United States Magistrate Judge. See docket entry #31. to reconsider the dismissal of this action. IT IS THEREFORE ORDERED THAT Plaintiff’s Motion for Reconsideration (docket entry #83) is DENIED. Dated this 16th day of April, 2012. UNITED STATES MAGISTRATE JUDGE

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