Pitts v. Payne et al

Filing 13

ORDER adopting, in its entirety, 5 Recommendation as this Court's findings in all respects; dismissing, without prejudice, the federal claims in the 2 Complaint for failing to state a claim upon which relief may be granted; declining to e xercise supplemental jurisdiction over the state tort claims; closing the case; finding as moot 8 Motion to Dismiss; and certifying an in forma pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith. Signed by Judge James M. Moody Jr. on 01/07/2022. (llg)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
BENJAMIN PITTS,
ADC #148011
v.

PLAINTIFF
4:21-cv-00936-JM-JJV

DEXTER PAYNE, Director, ADC; et al.

DEFENDANTS
ORDER

The Court has reviewed the Recommendation submitted by United States Magistrate Judge
Joe J. Volpe, the objections and amended complaint filed by Mr. Pitts. After conducting a de novo
review, this Court adopts the Recommendation in its entirety as its findings in all respects. Mr.
Pitts failed to file his amended complaint within the time ordered by the Court. Even if the amended
complaint had been timely filed, it does not state “a short and plain statement of the claim showing
that the pleader is entitled to relief” as required by Rule 8. Fed. R. Civ. P. 8. Pitts includes unrelated
disciplinaries and grievances and fails to set forth facts which state a claim regarding the March
31, 2021 shower disciplinary.
IT IS THEREFORE ORDERED that:
1.

The federal claims in the Complaint (Doc. No. 2) are DISMISSED WITHOUT
PREJUDICE for failing to state a claim upon which relief may be granted, the Court
DECLINES to exercise supplemental jurisdiction over the state tort claims, and the
case is CLOSED.

2.

The Motion to Dismiss (Doc. No. 8) is MOOT.

3.

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

from this Order and the accompanying Judgment would not be taken in good faith.

Dated this 7th day of January, 2022.
________________________________
UNITED STATES DISTRICT JUDGE