Bader v. Wallace

Filing 9

ORDER ADOPTING 6 Partial Report and Recommendations of Magistrate Judge; Plaintiff may proceed with his retaliation claim against Defendant Wallace. All other claims are DISMISSED, WITHOUT PREJUDICE. The Clerk is directed to prepare a summons for Wallace, and the Marshal is directed to serve the summons, 2 Complaint, 5 Amended Complaint, and this Order without prepayment of fees and costs or security therefor. On 7/5/2013, Plaintiff filed his 7 Motion for extension of time to file objections, and has failed to do so. The Court finds no cause for granting additional time. The Court certifies that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Susan Webber Wright on 7/18/2013. (mcz)

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

STEVE SCOTT BADER,
ADC #96787
V.

PLAINTIFF
1:13CV00051 SWW/JTR

DALTON WALLACE, Corporal,
North Central Unit, ADC

DEFENDANT
ORDER

The Court has reviewed the Proposed Findings and Recommended Partial
Disposition submitted by United States Magistrate Judge J. Thomas Ray. No
objections have been filed.1 After careful review, the Court concludes that the
Proposed Findings and Recommended Partial Disposition should be, and hereby are,
approved and adopted in their entirety as this Court's findings in all respects.
IT IS THEREFORE ORDERED that:
1.

Plaintiff may PROCEED with his retaliation claim against Defendant

Wallace, and all other claims are DISMISSED, WITHOUT PREJUDICE.
2.

1

The Clerk is directed to prepare a summons for Defendant Wallace, and

As stated in the findings and recommendations, Plaintiff had up to and including 14 days
from the date of Judge Ray’s findings and recommendations, until July 9, 2013, in which to file
objections. On July 5, 2013, Plaintiff requested an unspecified extension of time in which to file
objections, stating that he needed “the maximum amount of time allowed . . . . ” ECF No. 7.
Plaintiff has had ample time, beyond the July 9 deadline, in which to file objections, and he has
failed to do so. The Court finds no cause for granting additional time for Plaintiff’s objections.

the U.S. Marshal is directed to serve the summons, Complaint, Amended Complaint,
and this Order on him through the ADC Compliance Division without prepayment of
fees and costs or security therefor.2
3.

The Court CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an in

forma pauperis appeal from this Order would not be taken in good faith.
Dated this 18th day of July, 2013.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

2

If Defendant Wallace is no longer an ADC employee, the ADC Compliance
Office must file his last known private mailing address under seal.