Hill v. Hobbs et al

Filing 24

ORDER dismissing Hill's complaint without prejudice. First, Hill has three strikes and has not pleaded any imminent danger adequately. Second, his complaint and amended complaint violate Rule of Civil Procedure 8(a). They are too long and too co mplicated. Third, the record presents no basis supporting the disqualification of Judge Deere. The Court construes Hill's objection as a request to withdraw his motion. Request granted; the motion to dismiss, 20 , is deemed withdrawn; and the r ecommendation, 21 , is declined. Having considered all the filings of record, however, the Court dismisses Hill's complaint without prejudice for noncompliance with Rule 8 and because he didn't pay the filing fee and can't proceed IFP. Signed by Judge D. P. Marshall Jr. on 4/23/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JESSIE HILL
ADC #104136

v.

PLAINTIFF
No. 5:15-cv-64-DPM-BD

ARTIS RAY HOBBS, Director, ADC;
RAYMOND NAYLOR, Internal Affairs Investigation
Director, ADC Compliance Division;
MARVIN EVANS, JR., Deputy Director, ADC
Compliance Division; WILLIAM STRAUGHN,
"Billy," Warden, Tucker Maximum Security Unit,
ADC; JADA LAWREN CE, Administrative Assistant
to Director, ADC; DALE REED, Chief Deputy Director,
ADC; DANNY BURL, Warden, Maximum Security Unit,
ADC; STEVE R. OUTLAW, Assistant Deputy Warden, Maximum
Security Unit, ADC; M.E. WILLIAMS, Chief of Security,
Maximum Security Unit, ADC; ANTHONY JACKSON,,
Captain, Maximum Security Unit, ADC; ANDREW RUH,
Lieutenant, Maximum Security Unit, ADC; KENNETH
FRAZIER, "Keith," Captain, Maximum Security Unit,
ADC; BARBARA LYNN MATTHEW-GARDNER,
Lieutenant, Maximum Security Unit, ADC; NICOLIA
KELLY, Lieutenant, Maximum Security Unit, ADC;
JOHN H. SPEARS, Lieutenant, Maximum Security Unit,
ADC; RORY L. GRIFFIN, Director, Department of Health
and Correctional Programs; RICARDO JOHNSON,
"Carlos," Sergeant, Maximum Security Unit, ADC; EDDIE TURNER,
Sergeant, Maximum Security Unit, ADC; STANLEY
ABERNATHY, Sergeant, Maximum Security Unit, ADC;
CHRISTOPHER GRIFFITH, Lieutenant, Maximum Security Unit,
ADC; BRANDY S. BINNS, Corporal, Maximum Security
Unit, ADC; TAWANNA M. WADE, Corporal, Maximum
Security Unit, ADC; JERRY S. JACKS, Corporal, Maximum
Security Unit, ADC; GREGORY NEWSOME, Corporal,

Maximum Security Unit, ADC; CHARLOTTE SANDERS,
Sergeant, Maximum Security Unit, ADC; RICHARD
CLARK, Sergeant, Maximum Security Unit, ADC;
M. GARDNER, CO-I, Maximum Security Unit, ADC;
D.L. HORNER, Corporal, Maximum Security Unit,
ADC; MALIK TUCKER, Corporal, Maximum
Security Unit, ADC; ANGELA TYLER, Corporal,
Maximum Security Unit, ADC; WILLIE BLAIR,
Corporal, Maximum Security Unit, ADC; TAYLOR
WILLIAMS, Corporal, Maximum Security Unit, ADC;
AIKEN, Assistant Deputy Warden, Maximum Security
Unit, ADC; WATSON, Sergeant, Maximum Security
Unit, ADC; BRINKER, Sergeant, Maximum Security
Unit, ADC; AARON THOMAS, Corporal, Maximum Security
Unit, ADC; CLARY, Corporal, Maximum Security
Unit, ADC; JROD PRICE, Sergeant, Maximum Security
Unit, ADC; SEWELL, Sergeant, Maximum Security
Unit, ADC; CONNIE L. JENKINS, Classification Officer,
Maximum Security Unit, ADC; KATHLEEN LOWERY,
Corporal, Maximum Security Unit, ADC; LAKISHA
S. LEE, Administrative Specialist I, Maximum Security
Unit, ADC; FELICIA BENTLY, Administrative
Specialist III, Maximum Security Unit, ADC; LINDA
D. ERWIN, Grievance Coordinator, Maximum Security
Unit, ADC; K. HORNER, Nurse, CCS; LEONA MOSBY,
Nurse, CCS; JASMINE SAIN, Nurse, CCS; JAMERE
JACKSON, Nurse, CCS; HAMILTON, Nurse, CCS;
KEITHA DODSON, Nursing Director, Maximum
Security Unit, ADC; NATASHA CARLENE BRANTLEY,
Medical Records Administrator, Maximum Security
Unit, ADC; ALVA M. McDOWELL, Health Services
Administrator, Maximum Security Unit, ADC;
MARK GEORGE GREGORY, Health Services
Administrator, Maximum Security Unit, ADC;
JOHN STEPHENSON, "Joseph," Nurse, CCS;
CHAMBERS, Corporal, Maximum Security Unit, ADC;
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CARTER, Corporal, Maximum Security Unit, ADC;
WENDY KELLEY, Director, ADC; LARRY NORRIS,
Interim Director, ADC; JUSTINE M. MINOR,
Correctional Officer, Maximum Security Unit,
ADC; and KEITH WADDLE, Disciplinary
Hearing Officer, ADC

DEFENDANTS

ORDER
Hill moved to voluntarily dismiss his complaint so he could exhaust his
administrative remedies. NQ 20. Magistrate Judge Deere recommended that
the Court grant the motion. NQ 21.
Hill has objected to getting what he asked for. His objections are
extensive - 20 pages worth, with 90 more pages of attachments. Hill makes
many points: he argues the merits of his claims against the many defendants;
he argues that Judge Deere should have recused, as he requested; he argues
that his complaint and amended complaint were acceptable; and he argues
that he has pleaded imminent danger sufficiently such that the Court should
allow him to proceed in forma pauperis notwithstanding his three strikes. NQ
23.

On de nova review, Fed. R. Civ. P. 72(b)(3), the Court dismisses Hill's

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complaint without prejudice. First, he has three strikes* and has not pleaded
any imminent danger adequately. Second, his complaint and amended
complaint violate Rule of Civil Procedure 8(a). They are too long and too
complicated. Michaelis v. Nebraska State Bar Association, 717 F.2d 437, 438-39
(8th Cir. 1983). Bringing together almost 200 various claims against 60
defendants is simply not a manageable lawsuit. Judge Deere gave Hill three
opportunities to propose an amended pleading, which trimmed things down
and clarified his claims. NQ 4, 12 & 15. Hill did not do so. Third, the record
presents no basis supporting the disqualification of Judge Deere.
Whether to dismiss his case is Hill's choice. The Court construes his
objection as a request to withdraw his motion. Request granted; the motion
to dismiss, NQ 20, is deemed withdrawn; and the recommendation, NQ 21, is
declined. Having considered all the filings of record, however, the Court
dismisses Hill's complaint without prejudice for noncompliance with Rule 8
and because he didn't pay the filing fee and can't proceed IFP.

*Hill v. Hobbs, et al., 5:12-cv-313-SWW (E.D. Ark. 5 November 2012); Hill v.
Williams, et al., 4:11-cv-74-DPM (E.D. Ark. 23 April 2012); Hill v. Anthony, et al.,
4:11-cv-136-BSM (E.D. Ark. 1August2011).

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So Ordered.

D.P. Marshall Jr.f
United States District Judge

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