Holmes et al v. Halladay et al

Filing 11

ORDER ADOPTING PARTIAL REPORT AND RECOMMENDATIONS 4 and striking the 2 Complaint from the record. The plaintiff Holmes must file a substituted complaint within 30 days of the entry of this Order which complies with the instructions in the Reco mmended Partial Disposition. Plaintiffs Salgado, Wheeler, Nelson, England, Bledsoe, Presley, Tillman, King, and Tadrin are dismissed without prejudice so they may, if they choose, pursue their claims in separately filed § 1983 actions. The Clerk is directed to mail these plaintiffs separate § 1983 Complaint forms and In Forma Pauperis Applications. The Court certifies that an ifp appeal would not be taken in good faith. Signed by Judge Susan Webber Wright on 6/6/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

TODD HOLMES,
Reg. #22817-009, et al.
V.

PLAINTIFFS
4:13CV00294 SWW/JTR

DOC HALLADAY,
Pulaski County Sheriff, et al.

DEFENDANTS

ORDER
The Court has reviewed the Proposed Findings and Recommended Partial
Disposition submitted by United States Magistrate Judge J. Thomas Ray. No
objections have been filed.1 After careful review, the Court concludes that the
Proposed Findings and Recommended Partial Disposition should be, and hereby are,
approved and adopted in their entirety as this Court's findings in all respects.
IT IS THEREFORE ORDERED that:
1.

Plaintiffs Salgado, Wheeler, Nelson, England, Bledsoe, Presley, Tillman,

King, and Tadrin are DISMISSED, WITHOUT PREJUDICE, so they may, if they so
choose, pursue their claims in separately filed § 1983 actions.
2.

1

The Clerk is directed to mail Plaintiffs Salgado, Wheeler, Nelson,

Plaintiff Holmes filed a substituted complaint as well as a motion to proceed in forma pauperis and
a motion for copies on June 4, 2013.

England, Bledsoe, Presley, Tillman, King, and Tadrin separate § 1983 Complaint
forms and In Forma Pauperis Applications.
3.

The Court CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an in

forma pauperis appeal from this Order would not be taken in good faith.
4.

The Complaint (Doc. #2) is STRICKEN FROM THE RECORD.

5.

Plaintiff Holmes must, within thirty days of the entry of this Order,

file a Substituted Complaint that complies with the instructions in the Recommended
Partial Disposition.
6.

Plaintiff Holmes is reminded that if he fails to timely and properly do so,

this case will be dismissed, without prejudice, pursuant to Local Rule 5.5(c)(2).
Dated this 6th day of June, 2013.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE