DelValle v. Gatchel

Filing 23

ORDER adopting 16 Proposed Findings and Recommendation; granting Mr. DelValle's 21 motion to amend his complaint; and directing Mr. DelValle to submit, no later than 30 days after the entry of this Order, an amended complaint explaining who the defendants in this case are and the time, place, and manner in which each defendant allegedly violated his rights. Mr. DelValle's failure to articulate an alleged violation of his constitutional rights will result in the dismissal of his 1 complaint. The Court denies as moot all other pending motions. Signed by Judge Kristine G. Baker on 03/28/2017. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
HELENA DIVISION
KALIB J. DELVALLE
REG #20985-45
v.

PLAINTIFF

Case No. 2:16-cv-00096-KGB-PSH

STANLEY GATCHEL

DEFENDANT
ORDER

The Court has received Proposed Findings and Recommendation from United States
Magistrate Judge Patricia S. Harris (Dkt. No. 16). Plaintiff Kalib J. DelValle has filed objections
to the Proposed Findings and Recommendation (Dkt. No. 22). After careful review of the
Proposed Findings and Recommendation, the timely objections, as well as a de novo review of the
record including but not limited to the evidence, affidavit, and motion to amend his complaint
submitted by Mr. DelValle (Dkt. Nos. 17, 18, 21), the Court adopts the Proposed Findings and
Recommendation in part (Dkt. No. 16). The Proposed Findings and Recommendation are correct
in that Mr. DelValle’s current complaint fails to state a claim upon which relief may be granted.
However, instead of dismissing this action, the Court grants Mr. DelValle’s pending
motion to amend his complaint (Dkt. No. 21). Accordingly, if Mr. DelValle intends to pursue this
lawsuit, he must submit, no later than 30 days after the entry of this Order, an amended complaint
explaining who the defendants in this case are and the time, place, and manner in which each
defendant allegedly violated his rights. Mr. DelValle’s failure to articulate an alleged violation of
his constitutional rights will result in the dismissal of his complaint. The Court denies as moot all
other pending motions.

So ordered this 28th day of March, 2017.

_______________________________
Kristine G. Baker
United States District Judge

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