Waller v. Kelley et al

Filing 10

ORDER vacating 5 11/04/2011 Recomended Partial Disposition; granting 7 Plaintiff's Motion for Leave to File an Amended Complaint; denying, as moot 9 Plaintiff's Motion for Service. The Clerk is directed to file a copy of Plaintiff's Proposed Amended Complaint 8 as "Plaintiff's Amended Complaint." Signed by Magistrate Judge J. Thomas Ray on 01/06/2012. (kcs)

Download PDF
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION KENNETH L. WALLER, JR. ADC #103829 V. PLAINTIFF 1:11CV00095 JLH/JTR WENDY KELLEY, Deputy Director, Arkansas Department of Correction, et al, DEFENDANTS ORDER Plaintiff, Kenneth L. Waller, Jr., is a prisoner in the Grimes Unit of the Arkansas Department of Correction. On November 4, 2011, the Court issued a Recommended Partial Disposition suggesting that: (1) Plaintiff be allowed to proceed with his § 1983 inadequate medical care claim against the Defendants; and (2) his Federal Tort Claims Act and pendent state law negligence claims be dismissed, with prejudice, for failing to state a claim upon which relief may be granted. See docket entry #5. While that Partial Recommended Disposition was pending, Plaintiff filed a Motion to Amend the Complaint, a lengthy Proposed Amended Complaint, and Motion for Service. See docket entries #7, #8, and #9. Federal Rule of Civil Procedure 15(a)(a) provides that a plaintiff may amend his complaint once, without leave of the court, prior to service. Service has not yet been issued in this case. Thus, the Motion to Amend will be granted. Additionally, the Court will vacate the November 4, 2011 Recommended Partial Disposition and issue a new Recommended Partial Disposition that: (1) discusses the allegations raised by Plaintiff in both his original and Amended Complaints; and (2) determines whether service is appropriate on each of the Defendants. IT IS THEREFORE ORDERED THAT: 1. The November 4, 2011 Recommended Partial Disposition (docket entry #5) is VACATED. 2. Plaintiff’s Motion for Leave to File an Amended Complaint (docket entry #7) is GRANTED. 3. The Clerk is directed to file a copy of Plaintiff’s Proposed Amended Complaint (docket entry #8) as “Plaintiff’s Amended Complaint.” 4. Plaintiff’s Motion for Service (docket entry #9) is DENIED, AS MOOT. Dated this 6th day of January, 2012. UNITED STATES MAGISTRATE JUDGE -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?