Smith v. Johnson et al

Filing 90

ORDER: 89 Status report noted and appreciated. Smith's 89 Motion to withdraw his appeal is granted. His appeal is dismissed without prejudice. Counsel's 82 Motion to withdraw is also denied without prejudice based on the status report . The Court construes the status report as a motion to voluntarily dismiss, No. 89 . The motion is granted and Smith's claims against Dobbs will be dismissed without prejudice. 72 Motion for default is denied without prejudice as moot. 87 Recommendation is declined as moot. Any motion for reimbursement of expenses due by 11/13/2017. Signed by Judge D. P. Marshall Jr. on 10/30/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JAMES EDWARD SMITH
ADC #103093

v.

PLAINTIFF

No. 5:12-cv-409-DPM

T. DOBBS, Varner Unit, ADC

DEFENDANT
ORDER

1. Status report, Ng 89, noted and appreciated. Smith's motion

to withdraw his appeal, NQ 89, is granted. His appeal is dismissed
without prejudice.

FED. R. APP. P. 42(a).

Counsel's motion to

withdraw, NQ 82, is also denied without prejudice based on the status
report.
2. The Court construes the status report as a motion to

voluntarily dismiss.

NQ 89.

The motion is granted. FED. R. CIV.

P. 41(a)(2). Smith's claims against Dobbs will be dismissed without
prejudice.
3. Smith's motion for default is denied without prejudice as

moot.

NQ 72.

The pending recommendation is declined as moot.

NQ 87.

4. The Court appreciates appointed counsel's service.

Any

motion for reimbursement of expenses, LOCAL RULE 83.6, due by
13 November 2017.

So Ordered.

(/

D.P. Marshall Jr.
United States District Judge
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