Munn et al v. Hunt et al

Filing 22

ORDER terminating motion 21 MOTION to Withdraw 17 Notice of Appeal. Signed by Honorable Barry A. Bryant on May 18, 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 Plaintiff Willie Munn proceeds in this matter pro se and in forma pauperis pursuant to 42 U.S.C. § 1983. Currently before the Court is Plaintiff’s Motion to Withdraw Notice of Appeal. ECF No. 21. 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. On February 2, 2016 Plaintiff filed a Motion for Leave to Appeal. ECF No. 15. This Court withdrew the Report and Recommendation (ECF No. 12) on April 14, 2016. On April 18, 2016 Plaintiff filed a second Motion for Leave to Appeal. ECF No. 17. Plaintiff’s appeal has been docketed by the Eighth Circuit. On May 11, 2016 Plaintiff filed a Motion to Withdraw Notice of Appeal. ECF No. 21. 1    The Court finds Plaintiff’s Motion to Withdraw Notice of Appeal should be transferred to the United States Court of Appeals for the Eighth Circuit for decision as a Motion to Dismiss. The Clerk is DIRECTED to transfer Plaintiff’s Motion to Withdraw Appeal (ECF No. 21) to the Eighth Circuit. DATED this 18th day of May 2016. /s/ Barry A. Bryant HON. BARRY A. BRYANT UNITED STATES MAGISTRATE JUDGE  2   

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