Weaver v. Brown

Filing 24

ORDER approving and adopting the 21 findings and recommendations in all respects; dismissing Respondent Chris Brown from this case and joining Wendy Kelley as the new respondent; directing the Clerk of the Court to change the style of this cas e to reflect Kelley's joinder; dismissing without prejudice Plaintiff's conditions of confinement claims while housed in the Cleburne County Detention Center; allowing him to proceed only with the claims that call into question the fact or duration of his apparent guilty plea in Cleburne County Circuit Court case number 2015-160; dismissing without prejudice his request to the extent he seeks monetary compensation; and directing him to file an amended petition within 30 days from the date of this order. Signed by Judge Billy Roy Wilson on 7/21/2017. (mef)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
RICHARD WEAVER
VS.

PETITIONER
NO. 1:17-cv-00001 BRW/PSH

CHRIS BROWN

RESPONDENT
ORDER

I have received findings and a recommendation from Magistrate Judge Patricia S. Harris.
After a careful review of the findings and recommendation, the timely objections received
thereto, and a de novo review of the record, I approve and adopt the findings and
recommendation in all respects.
Accordingly, Respondent Chris Brown is dismissed from this case, and Wendy Kelley
(“Kelley”) is joined as the new respondent. The Clerk of the Court is directed to change the style
of this case to reflect Kelley’s joinder.
To the extent Plaintiff challenges his conditions of confinement while housed in the
Cleburne County Detention Center, his claims are dismissed without prejudice. He may proceed
only with the claims that call into question the fact or duration of his apparent guilty plea in
Cleburne County Circuit Court case number 2015-160. To the extent he seeks monetary
compensation, his request is also dismissed without prejudice.
Plaintiff may file an amended petition pursuant to 28 U.S.C. 2254 in which he
incorporates any additional claims into this case. He is given thirty days from the date of this
order to file an amended petition, after which time service will be ordered on Kelley.
IT IS SO ORDERED this 21st day of July, 2017.
/s/ Billy Roy Wilson
UNITED STATES DISTRICT JUDGE