Wheeler et al v. Pulaski County, Arkansas et al

Filing 52

ORDER ADOPTING 14 the proposed findings and partial recommended disposition; allowing plaintiff Timothy Wheeler to proceed with this lawsuit, and dismissing all other plaintiffs, without prejudice; striking 1 the Complaint from the record; direc ting Wheeler to, within 30 days of the entry of this Order, file a substituted complaint that complies with the instructions in the partial recommended disposition; and denying as moot 2 3 5 6 9 10 15 the applications to proceed in forma pauperis of plaintiffs Nelson, Holmes, Salgado, Tillman, Carter, Scott, and King. It is certified that an in forma pauperis appeal from this order would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 8/8/2013. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
TIMOTHY LEE WHEELER,
ADC #085605, et al.
v.

PLAINTIFFS

CASE NO. 4:13CV00379 BSM

PULASKI COUNTY, ARKANSAS, et al.

DEFENDANTS

ORDER
The proposed findings and partial recommended disposition [Doc. No. 14] submitted
by United States Magistrate Judge J. Thomas Ray have been reviewed. No objections have
been filed. After careful consideration and a de novo review of the record, it is found that
the proposed findings and partial recommended disposition should be, and hereby are,
approved and adopted in their entirety.
IT IS THEREFORE ORDERED that:
1.

Plaintiff Timothy Wheeler may proceed with this lawsuit, and all other

plaintiffs are dismissed without prejudice.
2.

The complaint [Doc. No. 1] is stricken from the record.

3.

Wheeler must, within thirty (30) days of the entry of this Order, file a

substituted complaint that complies with the instructions in the partial recommended
disposition.
4.

Wheeler is advised 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).
5.

The applications to proceed in forma pauperis of plaintiffs Nelson, Holmes,

Salgado, Tillman, Carter, Scott, and King [Doc. Nos. 2, 3, 5, 6, 9, and 15] are denied as
moot.
6.

It is certified, pursuant to 28 U.S.C. Section 1915(a)(3), that an in forma

pauperis appeal from this order would not be taken in good faith.
Dated this 8th day of August 2013.

UNITED STATES DISTRICT JUDGE

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