Davis v. Owens et al

Filing 16

ORDER declining to adopt 6 PARTIAL REPORT AND RECOMMENDATIONS and remanding the case back to Magistrate Judge Joe J. Volpe for consideration and recommendation. Signed by Judge James M. Moody on 6/4/10. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION TIMOTHY LAPLEZ DAVIS, ADC #105865 v. PAUL OWENS; et al. ORDER The Court has received proposed findings and recommendations from United States Magistrate Judge Joe J. Volpe. By Order entered April 30, 2010, the Court directed Plaintiff to more clearly state his allegations against each named Defendant. Plaintiff filed an Amended Complaint, (docket entry #5), however, he failed to state any allegations against Defendant Owens. As a result, Magistrate Judge Volpe recommended that Defendant Owens be dismissed for failure to state a claim. Plaintiff has filed objections, (docket entry #10), stating that he did not fully understand the Court's Order and has included facts specific as to Defendant Owens. Accordingly, in light of the objections of the Plaintiff, the Court declines to adopt the recommended disposition and remands the case back to Judge Volpe for consideration and recommendation. IT IS SO ORDERED this 4th day of June, 2010. ______________________________________ JAMES M. MOODY UNITED STATES DISTRICT JUDGE 5:10-cv-00120-J MM-J J V DEFENDANTS PLAINTIFF