Fabrizio v. Arkansas Department of Correction et al

Filing 13

ORDER ADOPTING 10 Partial Report and Recommendations and dismissing, without prejudice, defts Burrows and McGowan. The claim against deft Smith remains. The Court will dismiss the rest of this case without prejudice unless plaintiff Fabrizio updates his address by 2/22/13. Signed by Judge D. P. Marshall Jr. on 2/7/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION

PLAINTIFF

ANTHONY SCOTT FABRIZIO
ADC# 654248

v.

No. 1:12-cv-121-DPM-JJV

ARKANSAS DEPARTMENT
OF CORRECTION; CINDY SMITH,
North Central Unit; CHAD McGOWAN,
North Central Unit; and BURROWS, Warden

DEFENDANTS

ORDER
Fabrizio's mail has been coming back as undeliverable since late
December. Document No. 8. He has not objected to Magistrate Judge Volpe's
partial recommended disposition, Document No. 10, and his time to do so has
expired. The Court adopts Judge Volpe's recommendation with clarifications.
The Eleventh Amendment bars § 1983 suits seeking damages against States.
Fabrizio's complaint is silent about what relief he seeks, but a fair reading is
that he wants damages against the Arkansas Department of Correction (the
State, as Judge Volpe recognized) for allegedly retaliatory discipline that
extended his incarceration.

So the Eleventh Amendment bar applies.

Fabrizio's claims against the ADC are dismissed with prejudice; his claims

against Burrows and McGowan are dismissed without prejudice. The claim
against Smith remains.
The case cannot proceed, however, unless Fabrizio maintains a current
address on file with the Court. Local Rule 5.5(c)(2). Communication is
impossible otherwise. The Court will therefore dismiss the rest of this case
without prejudice unless Fabrizio updates his address by 22 February 2013.
So Ordered.

D.P. Marshall Jr.
United States District Judge

7 7-e_f-n VOV[ :AOIJ
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