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)

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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).

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