Spears v. Brown et al

Filing 14

ORDER granting 10 Motion for Reconsideration re 8 Judgment ; denying as moot 11 Motion for Leave to Appeal in forma pauperis; Case is reopened with respect to defendants Angela Brown, Alice Woods, and David Johnson. Defendants Christi Adams an d Ray Hobbs remain dismissed; Clerk is directed to prepare summons for the defendants, and the United States Marshal is directed to serve a copy of the 2 Complaint and summons on Angela Brown, Alice Wood, and David Johnson, without prepayment of fees and costs or security. Signed by Judge Brian S. Miller on 8/2/11. (dac)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
EUGENE SPEARS,
ADC #601695
v.

PLAINTIFF

4:11-cv-00299-BSM-JTK

ANGELA BROWN, et al.

DEFENDANTS
ORDER

Eugene Spears moves for reconsideration of the order and judgment dismissing his
case without prejudice and to appeal in forma pauperis. [Doc. Nos. 10, 11].
Spears is a state inmate incarcerated at the East Arkansas Regional Unit of the
Arkansas Department of Correction (ADC). He filed this action against defendants, alleging
violations of his constitutional rights while he was incarcerated at the Ashley County
Detention Center in October 2010. Spears’s motion to proceed in forma pauperis was granted
on April 14, 2011, and he was directed to file an amended complaint within thirty days
because his original complaint failed to state a claim for relief. Spears was cautioned that
failure to amend his complaint could result in the dismissal of his action pursuant to Local
Rule 5.5(c)(2).
When Spears failed to file an amended complaint within the thirty-day period, his
complaint was dismissed without prejudice on May 23, 2011. [Doc. No. 7]. In his motion for
reconsideration, Spears states he did not file an amended complaint because he decided not
to pursue his claims against defendants Adams and Hobbs and decided to rely on the
allegations against the remaining defendants in his original complaint. Spears also states he

filed a “response” on May 23, 2011, informing the Court of his decision not to file an
Amended Complaint. [Doc. No. 6].
Spears’s motion to reconsider [Doc. No. 10] is GRANTED, and the case is be reopened with respect to his allegations against defendants Angela Brown, Alice Woods, and
David Johnson. Defendants Christi Adams and Ray Hobbs remain dismissed from his
complaint, pursuant to the April 14, 2011, order. Spears’s motion for leave to appeal in forma
pauperis [Doc. No. 11] is DENIED as moot.
The Clerk is directed to prepare summons for the defendants, and the United States
Marshal is directed to serve a copy of the complaint [Doc. No. 2] and summons on the
Angela Brown, Alice Wood, and David Johnson, without prepayment of fees and costs or
security therefore.
IT IS SO ORDERED this 2nd day of August 2011.

________________________________
UNITED STATES DISTRICT JUDGE