Stewart v. Armoster

Filing 16

ORDER approving and adopting 14 Recommended Disposition as this Court's findings in all respects. Mr. Stewart's claims are dismissed without prejudice, based on his failure to comply with the Court's 08/29/2016 12 order. Signed by Judge Kristine G. Baker on 12/06/2016. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
PHILLIP DEWAYNE STEWART
ADC #151956
v.

PLAINTIFF

Case No. 5:16-cv-00129-KGB-BD

PAMELA ARMOSTER

DEFENDANT
ORDER

The Court has received a Recommended Disposition (“Recommendation”) filed by
Magistrate Judge Beth Deere (Dkt. No. 14). Plaintiff Phillip DeWayne Stewart filed objections
to the Recommendation (Dkt. No. 15). After careful review of the Recommendation and Mr.
Stewart’s timely objections, as well as a de novo review of the record, the Court concludes that
the Recommendation should be, and hereby is, approved and adopted as this Court’s findings in
all respects.
In his objections, Mr. Stewart contends that Magistrate Judge Deere has abused her
discretion by writing to him in a closed case (Dkt. No. 15). Mr. Stewart contends that Magistrate
Judge Deere closed Case Number 5:16-cv-00129, the case before this Court, on June 6, 2016,
and replaced it with Case Number 5:16-cv-0052. Mr. Stewart contends that Case Number 5:16cv-0052 is currently pending before the United States Court of Appeals for the Eighth Circuit
and, therefore, is not within Magistrate Judge Deere’s jurisdiction. The record does not support
Mr. Stewart’s contention.
The Court has reviewed the docket in both Case Number 5:16-cv-00129 and Case
Number 5:16-cv-0052. There is no evidence that Case Number 5:16-cv-00129 was closed and
replaced with Case Number 5:16-cv-0052. In fact, Case Number 5:16-cv-0052 was opened on
February 22, 2016, when Mr. Stewart filed his complaint (Stewart v. Armoster, No. 5:16-cv-

0052-BRW (E.D. Ark.)). Case Number 5:16-cv-00129 was not opened until almost four months
later, on April 27, 2016 (Dkt. No. 1). There are no orders, in either case, consolidating 5:16-cv00129 and 5:16-cv-0052. Case Number 5:16-cv-00129 has no order dated or filed marked June
6, 2016. Case Number 5:16-cv-0052 has one order filed on June 6, 2016 (Dkt. No. 15). In that
order, Magistrate Judge Beth Deere revoked Mr. Stewart’s in forma pauperis status. There is no
mention of Case Number 5:16-cv-00129 in that order, and the order did not serve to close either
case.
Mr. Stewart’s claims are dismissed without prejudice, based on his failure to comply with
the Court’s August 29, 2016, order.
It is so ordered this 6th day of December, 2016.

________________________________
KRISTINE G. BAKER
UNTED STATES DISTRICT COURT JUDGE

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