Williams v. Horner

Filing 44

ORDER adopting 34 Partial Report and Recommendations with the exception that the ADC is not directed to keep pltf's pleadings and exhibits in the ADC library; instead the ADC must allow pltf to keep the pleadings and exhibits in his possessio n and that he have ready access to all pleadings and exhibits in this particular case; pltf's 29 Motion for Preliminary Injunction is GRANTED IN PART AND DENIED IN PART; pltf's 30 Motion to Compel is DENIED. Signed by Judge James M. Moody on 5/2/11. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
DAVID WILLIAMS
ADC # 78730
VS.

PLAINTIFF

CASE NO. 5:09CV00163-JMM-BD

SCOTT HORNER

DEFENDANT
ORDER

The Court has received the Partial Recommended Disposition from Magistrate
Judge Beth Deere. After careful review of the recommendation, the timely objections
received thereto, as well as a de novo review of the record, the Court concludes that the
Partial Recommended Disposition should be, and hereby is, approved and adopted as this
Court’s findings with the exception that the Arkansas Department of Corrections
(“ADC”) is not directed to keep Plaintiff’s pleadings and exhibit in the above styled case
in the ADC library. Instead the ADC must allow Plaintiff to keep the pleadings and
exhibits in his possession and that he have ready access to all pleadings and exhibits in
this particular case. Allowing Plaintiff to keep such these documents in his possession
with ready access should not cause Defendants any significant harm, as the storage locker
provided by the Arkansas Department of Corrections should be sufficient to hold copies
of the pleadings and exhibits for the above styled case and any other active cases Plaintiff
might have.

Admittedly, the disposition of documentation in Plaintiff’s other cases is not a
matter before the Court and the Court offers no opinion here as to how the ADC may
dispose of those documents. The Court is only holding that the ADC must allow
Plaintiff to keep in his possession with ready access all pleadings and exhibits in this
case.
Mr. Williams’s motion for preliminary injunction (docket entry #29) is GRANTED
in part, and DENIED in part.
Mr. Williams’s motion to compel (#30) is DENIED.
IT IS SO ORDERED this

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day of May, 2011.

______________________________________
UNITED STATES DISTRICT JUDGE

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