Vanzant v. Norris et al

Filing 39

ORDER denying pltf's motions for reconsideration 37 and to amend complaint 38 . Signed by Magistrate Judge H. David Young on 4/12/11. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
MARK EDWARD VANZANT
ADC #137057
V.

PLAINTIFF

NO: 5:10CV00363 DPM/HDY

L. NORRIS et al.

DEFENDANTS
ORDER

On April 6, 2011, Plaintiff filed what has been docketed as a motion for reconsideration of
the Court’s order denying him appointed counsel (docket entry #37), and objection to a dismissal
and motion to amend (docket entry #38). Plaintiff has advanced no reason to cause the undersigned
to believe appointed counsel is warranted at this time. Additionally, at this time, no claims or parties
have been dismissed from this case.1 To the extent that Plaintiff seeks to add claims which are
unrelated to the alleged excessive force at issue in this matter, the Court concludes that such claims
are more appropriate for a separate lawsuit. Finally, Plaintiff’s attempt to sue Defendants in their
official capacities for damages is in essence an attempt to sue the State of Arkansas, which is
prohibited by the Eleventh Amendment. Nix v. Norman, 879 F.2d 429, 431-32 (8th Cir. 1989).
Accordingly, Plaintiff’s motion for reconsideration (docket entry #37), and his motion to
amend (docket entry #38), are DENIED.
IT IS SO ORDERED this

12

day of April, 2011.

UNITED STATES MAGISTRATE JUDGE

1

The Court notes that Plaintiff has four active cases in this District. Claims against several
Defendants have been dismissed in one of them. See Vanzant v. Owen et al., ED/AR No.
5:10CV365.