Munn et al v. Hunt et al

Filing 16

ORDER WITHDRAWING 12 REPORT AND RECOMMENDATIONS re 1 Complaint, filed by Willie Munn, Mary Eliza Munn. Signed by Honorable Barry A. Bryant on April 14, 2016. (mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION WILLIE MUNN and MARY ELIZA MUNN PLAINTIFF Civil No. 4:15-cv-04072 v. CRISSY HUNT; CASEY PARKER; JAILER DUSTIN WAKEFIELD; JOE KUHN; ASHLEY VAILES; and ARKANSAS PAROLE BOARD & GOVERNMENT DEFENDANTS ORDER On October 27, 2015 this Court entered a Report and Recommendation of the Magistrate Judge dismissing Plaintiff’s Complaint based on the accumulation of three strikes in cases filed in this district and the Eastern District of Arkansas. ECF No. 12. One of the cases cited as a strike against Plaintiff was Munn v. Martin, Civil No. 4:11-cv-04084 (W.D. Ark. Sep. 24, 2012). It has come to the Court’s attention the Eighth Circuit Court of Appeals clarified this Court’s Judgment in Munn v. Martin so the dismissal of the action did not count as a “strike” under 28 U.S.C. § 1915(g). ECF No. 59 in Munn v. Martin, Civil No. 4:11-cv-04084. Accordingly, the Report and Recommendation of the Magistrate Judge (ECF No. 12) is hereby WITHDRAWN. The Court will review Plaintiff’s Complaint in this matter pursuant to the preservice screening requirements under the Prison Litigation Reform Act and issue an order at a later date. DATED this 14th day of April 2016. /s/ Barry A. Bryant HON. BARRY A. BRYANT UNITED STATES MAGISTRATE JUDGE

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