McDaniel v. Busby et al

Filing 16

ORDER granting 14 Plaintiff's Motion to Proceed In Forma Pauperis; granting in part & denying in part 13 Plaintiff's MOTION to Amend Complaint. Because Plaintiff failed to attach his proposed Amended Complaint to his motion, Plaintiff's motion to amend his complaint is DENIED. Plaintiff's motion for a trial by jury is GRANTED. Dispositive motions should be filed on or before 3/12/2010. Signed by Magistrate Judge Beth Deere on 11/13/09. (jct)

IN THE UNITED STATES DISTRICT COURT E A S T E R N DISTRICT OF ARKANSAS J O N E S B O R O DIVISION C A L V I N RAY McDANIEL V. D I C K BUSBY, et al. C A S E NO. 3:09CV00169 JLH/BD DEFENDANTS P L A IN T IF F

ORDER P la in tiff has filed a motion to amend his complaint and has requested a trial by jury (d o c k e t entry #13). Plaintiff has also filed a motion for leave to proceed in forma p a u p e ris (#14). Plaintiff's motion to amend (#13) is GRANTED in part and DENIED in p a rt. Plaintiff's motion to proceed in forma pauperis (#14) is GRANTED. P la in tiff's motion for a trial by jury is GRANTED. The Clerk of the Court is d ire c te d to note the jury demand on the docket sheet, and a jury trial will be scheduled if a p p ro p ria te following consideration of dispositive motions. Dispositive motions should b e filed on or before March 12, 2010. With regard to Plaintiff's motion for leave to amend his complaint, Plaintiff fails to in c lu d e any allegations in his motion. He does not say whether he seeks to add additional c la im s or additional parties to this lawsuit. Because Plaintiff failed to attach his proposed a m e n d e d complaint to his motion, Plaintiff's motion to amend his complaint is DENIED. See Local Rule 5.5(e).

Plaintiff is currently proceeding in forma pauperis (#3), but has now been released fro m prison. Accordingly, Plaintiff has submitted a new motion for leave to proceed in fo r m a pauperis. Plaintiff's motion (#14) is GRANTED. IT IS SO ORDERED this 13th day of November, 2009.

____________________________________ U N IT E D STATES MAGISTRATE JUDGE