Bills v. Arkansas, State of

Filing 17

ORDER adopting 14 Recommendation as this Court's findings in all respects. Mr. Bills' motion for discovery, 16 , is denied as moot. Mr. Bills's lawsuit is dismissed, without prejudice. Signed by Judge James M. Moody Jr. on 6/1/2016. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
CLESTER BILLS
V.

PLAINTIFF
CASE NO. 3:16-CV-00092 JM/BD

STATE OF ARKANSAS

DEFENDANT
ORDER

The Court has received a Recommended Disposition (“Recommendation”) filed by
Magistrate Judge Beth Deere based on Mr. Bill’s failure to comply with the court’s order
giving him thirty days from April 19, 2016, to file an amended complaint. In response to
the Recommendation, Mr. Bills filed a second amended complaint on May 25, 2016
(Docket No. 15). In addition to being untimely, this amended complaint does not cure
any of the defects contained in his first two complaints (Dockets. No. 1 and 8) that were
pointed out in the Recommendation. Rather, this amended complaint purports to add a
different cause of action against unknown defendants for living conditions in Mr. Bill’s
trailer.1
After careful review of the Recommendation, as well as a de novo review of the
record, the Court concludes that the Recommendation (Docket No. 14) should be, and
hereby is, approved and adopted as this Court’s findings in all respects. Mr. Bills’ motion
for discovery (Docket No. 16) is denied as moot.

1

In his amended complaint Mr. Bills still gives the address of the Mississippi County
Detention Facility in Luxora, Arkansas, that he has previously provided, but he also states that
he has been a resident of a trailer park in Blytheville, Arkansas for over ten years.

Mr. Bills’s lawsuit is DISMISSED, without prejudice.
IT IS SO ORDERED, this 1st day of June, 2016.

UNITED STATES DISTRICT JUDGE