Coffey v. Harris et al

Filing 6

ORDER declining acceptance of the 3 REPORT AND RECOMMENDATIONS. Signed by Judge D. P. Marshall Jr. on 10/3/13. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION KENNY COFFEY ADC # 86434 v. PLAINTIFF 5:13-cv-274-DPM-JJV GRANT HARRIS, Warden; JAMES BANKS, Warden; MARK CASHION, Warden; KAY HOWELL, Warden; DANNY BURL, Warden; JENKINS, Classification Officer; CURTIS-TYLER, Classification Officer; LISA WALKER, Classification Officer; DAVID BREWER, Classification Officer; V ALARIE WESTBROOK, Classification Officer; and RAY HOBBS, Director DEFENDANTS ORDER The Court has reviewed Magistrate Judge Joe J. Volpe's Proposed Findings and Recommendations, NQ 3, and Coffey's objections, NQ 4. On de novo review, the Court declines to accept the proposal. FED. R. CIV. P. 72(b)(3). Coffey is not a "three-striker" under 28 U.S.C. § 1915(g). Although he accumulated strikes in Coffey v. Hobbs, 2:11-cv-172-BSM (E.D. Ark. 6 Sept. 2012), and Coffey v. Sammons, 3:01-cv-146-SMR (E.D. Ark. 27 Sept. 2001), his failure to prosecute his action diligently in Coffey v. Latham,3:01-cv-157-SMR (E. D. Ark. 29 March 2002), does not constitute a strike. 28 U.S.C. § 1915(g); see also, Williams v. Harmon, 294 F. App'x 243, 245 (8th Cir. 2008) -this unpublished opinion is the only Eighth Circuit authority on point. It can be relied upon in a bind because it is a 2008 case. FED. R. APP. P. 32.1; 8TH CIR. R.32.1A. So Ordered. D.P. Marshall Jr. ll United States District Judge -2-

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