Willis v. Payne et al

Filing 6

ORDER declining to adopt 5 Recommended Disposition; and referring this case back to Judge Volpe to consider further action with regard to the 2 Complaint. Signed by Judge Lee P. Rudofsky on 11/13/2023. (ldb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
CORDARIOUS Q. WILLIS
ADC #162742
v.

PLAINTIFF
No. 4:23-cv-00201-LPR

DEXTER PAYNE, et al.

DEFENDANTS
ORDER

The Court has received a Recommended Disposition (RD) from United States Magistrate
Judge Joe J. Volpe, recommending that Plaintiff’s case be dismissed pursuant to Fed. R. Civ. P.
11(a) for failure to sign his Complaint.1 After careful review, the Court finds that Plaintiff
adequately signed the Complaint on Page 31 of 125.2 The Court therefore declines to adopt Judge
Volpe’s RD on this basis.
The Court notes, however, that Judge Volpe previously identified multiple deficiencies
with the Complaint—unrelated to the signature issue—that may warrant the dismissal of some (or
all) of Plaintiff’s claims.3 The Court therefore refers this case back to Judge Volpe to consider
further action with regard to the Complaint.
IT IS SO ORDERED this 13th day of November 2023.
________________________________
LEE P. RUDOFSKY
UNITED STATES DISTRICT JUDGE

1

Doc. 5.

2

This pagination refers to the ECF filing stamp page numbers at the top of each page of the Complaint.

3

See Order (Doc. 4).