Rashad v. Ferguson et al
ORDER ADOPTING REPORT AND RECOMMENDATIONS ; granting 5 Report and Recommendations, as supplemented. 7 Motion to Amend/Correct is granted and 10 Motion for Order is denied. Rashad must file a proposed amended complaint by September 16, 2013. Rashad must provide a current address to the Clerk by September 16, 2013, or the Court will dismiss this case without prejudice for failure to prosecute. Signed by Judge D. P. Marshall Jr. on 8/19/13. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
FAHIM JAMAL RASHAD
JOHN FERGUSON; DELORA
McFATTER; DONALD VAULNER;
and JOHN CHIAROMONTE
Magistrate Judge H. David Young has recommended, NQ 5, that the
Court dismiss Rashad' s complaint for failing to state a claim for which relief
can be granted. Rashad has objected. NQ 8. He has also filed several papers
with vaguely stated allegations of mistreatment he says suffered after he filed
this lawsuit. On de novo review,
R. CIV. P. 72(b)(2), the Court adopts
Judge Young's recommendation as modified. Rashad' s original complaint
fails to state a claim for which relief can be granted. Indeed, his claim that he
was not given time to complete a shower is frivolous. The Court dismisses
that claim with prejudice. Rashad' s other allegations are too fact-poor to
evaluate on the merits, even considered in light of later filings.
Recommendation, NQ 5, adopted as supplemented. Rashad' s showerbased claim is dismissed with prejudice as frivolous. Motion for order, NQ 10,
denied without prejudice. Motion to amend, NQ 7, granted. Rashad must file
a proposed amended complaint for further screening by 16 September 2013.
He should plead in one paper all specific facts he believes in good faith
support each remaining claim he wants to assert.
The Court notes that Rashad has not kept his address current. Mail to
him from the Clerk in a related case has been returned. Rashad v. Sallings,
1:13-cv-32-DPM, NQ 25. The same outdated address is on file for Rashad in
this case. He must provide a current address to the Clerk by 16 September
2013 or the Court will dismiss this case without prejudice for failure to
prosecute. Local Rule 5.5(c)(2).
D.P. Marshall Jr.
United States District Judge
19 August 2013
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