Moore v. Shock et al

Filing 46

ORDER granting 44 MOTION for Reconsideration. This action is again referred to United States Magistrate Judge Joe J. Volpe for proceedings consistent with this Order. Moore's alternative motion for a 15-day extension in which to file a notice of appeal is denied as moot. Signed by Judge J. Leon Holmes on 2/28/2014. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
DAVID P. MOORE, SR.
ADC # 112305
v.

PLAINTIFF

No. 4:13CV00594 JLH-JJV

ANDY SHOCK, Sheriff,
Faulkner County; et al.

DEFENDANTS
ORDER

David P. Moore, Sr., has filed a motion for reconsideration of this Court’s Order dismissing
his claims against Michael Rainwater and the law firm of Rainwater, Holt & Sexton. His claims
against those defendants are based on a notice allegedly posted in the Faulkner County Detention
Center warning against filing frivolous lawsuits by inmates. Moore originally contended that there
was no legal basis for that notice. The Court’s Order pointed out that there is a basis in Ark. Code
Ann. § 16-106-203. Nevertheless, Moore contends that the notice misrepresented the substance of
that statute and was a deliberate, dishonest attempt to prevent him from exercising his rights to the
courts. For screening purposes only, the Court will assume that Moore has stated a claim against
Michael Rainwater and the law firm of Rainwater, Holt & Sexton. The motion for reconsideration
is therefore GRANTED. Document #44.
This action is again referred to United States Magistrate Judge Joe J. Volpe for proceedings
consistent with this Order, including issuing an Order directing the issuance of summons and service
of the summons and complaint on Michael Rainwater and the law firm of Rainwater, Holt & Sexton.
Moore’s alternative motion for a 15-day extension in which to file a notice of appeal is denied as
moot.

IT IS SO ORDERED this 28th day of February, 2014.

J. LEON HOLMES
UNITED STATES DISTRICT JUDGE

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