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SMITH v. MAY

No. CV-11-1124.

2013 Ark. 248

RONNIE LEE SMITH, APPELLANT, v. LARRY MAY, DEPUTY DIRECTOR, ARKANSAS DEPARTMENT OF CORRECTION; GARY MUSSELWHITE, LIEUTENANT, ARKANSAS DEPARTMENT OF CORRECTION, PINE BLUFF UNIT; AND OFFICER PATTERSON, CLASSIFICATION OFFICER, ARKANSAS DEPARTMENT OF CORRECTION, APPELLEES.

Supreme Court of Arkansas.

Opinion Delivered June 6, 2013.

Attorney(s) appearing for the Case

Ronnie Lee Smith, pro se appellant.

Dustin McDaniel, Att'y Gen., by: Dennis R. Hansen, Ass't Att'y Gen., for appellees.

PER CURIAM.

Appellant Ronnie Lee Smith, an inmate in the Arkansas Department of Correction (ADC), appeals the dismissal of his complaint against appellees ADC Deputy Director Larry May, ADC Lieutenant Gary Musselwhite, and ADC Classification Officer Patterson. On motion of appellees, the circuit court dismissed the action with prejudice, finding the dismissal constituted a "strike" under Arkansas Code Annotated section 16-68-607 (Repl. 2005), which precludes an incarcerated...

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