Jones v. Conrad et al
ORDER adopting proposed findings and recommended partial disposition; dismissing, with prejudice, Plaintiff's claim for monetary relief against defendants in their official capacity; and dismissing, without prejudice, Plaintiff's denial of access to courts claim against defendants in their individual capacity. Signed by Judge Brian S. Miller on 10/26/11. (hph)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
LARRY WAYNE JONES,
CASE NO. 5:10CV00355 BSM/JJV
Mailroom Supervisor, Varner Unit
Arkansas Department of Correction, et al.
The proposed findings and recommended partial disposition [Doc. No. 12] submitted
by United States Magistrate Judge Joe J. Volpe and the filed objections [Doc. No. 16] have
been reviewed. After carefully considering these documents and making a de novo review
of the record, it is concluded that the proposed findings and recommended partial disposition
should be, and hereby are, approved and adopted in part and rejected in part.
In his filed objections, Jones moved to withdraw his access to courts claim. He
alleges that defendants have destroyed a package he intended to use as evidence and believes
that without that evidence, the validity of his complaint cannot be determined. He objects to
his denial of access to courts claim being dismissed with prejudice and instead, wishes to
withdraw this claim in order to preserve it should it become ripe at a later date.
Amendments to a complaint are to be liberally granted where necessary to bring about
the furtherance of justice and where the adverse party will not be prejudiced. Mouser v.
Caterpillar, Inc., 336 F.3d 656, 666 (8th Circuit 2003). Allowing Jones to withdraw his claim
will further the interest of justice by allowing him the opportunity to bring the claim again
should it become ripe. Further, dismissing this claim without prejudice will not prejudice
IT IS THEREFORE ORDERED that:
Plaintiff’s claim for monetary relief against defendants in their official capacity
should be DISMISSED with prejudice.
Plaintiff’s denial of access to courts claim against defendants in their individual
capacity should be DISMISSED without prejudice.
Dated this 26th day of October 2011.
UNITED STATES DISTRICT JUDGE
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