Jones v. Payne et al

Filing 72

ORDER agreeing with 44 Partial Recommended Disposition, that the Plaintiff's Motion for Judgment on the Pleadings should be denied; denying 42 Motion for Judgment on the Pleadings; and certifying that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Lee P. Rudofsky on 1/28/2025. (ldb)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION RODNEY L. JONES ADC #148884 v. PLAINTIFF No. 4:23-cv-00876-LPR-JJV DEXTER PAYNE, et al. DEFENDANTS ORDER The Court has received a Partial Recommended Disposition (PRD) from United States Magistrate Judge Joe J. Volpe (Doc. 44) and the Plaintiff’s Objections (Doc. 46). After a de novo review of the PRD, along with careful consideration of the Objections and the entire case record, the Court agrees that the Plaintiff’s Motion for Judgment on the Pleadings should be denied. But the Court comes to this conclusion via a different route than the analysis in the PRD. The Motion for Judgment on the Pleadings violates Local Rule 7.2(a) because it is not accompanied by a separate brief. I would, and do, deny the Motion on this basis alone—reserving comment on any other potential basis of denial at this time. Accordingly, Plaintiff’s Motion for Judgment on the Pleadings (Doc. 42) is DENIED. 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. IT IS SO ORDERED this 28th day of January 2025. _______________________________ LEE P. RUDOFSKY UNITED STATES DISTRICT JUDGE

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