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)

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unpublished opinion is the only Eighth Circuit authority on point.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

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