McGraw v. Sims et al

Filing 18

ORDER re 16 Order declining to adopt the April 27, 2011 Proposed Findings and Recommendations. Plaintiff shall have one final opportunity to submit an Amended Complaint in accordance with the instructions set forth in t his Order, within 15 days of the date of this Order. Signed by Magistrate Judge Jerome T. Kearney on 5/25/11. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
RAMON HOSEA MCGRAW,
ADC #142102
v.

PLAINTIFF

5:10-cv-00373-DPM-JTK

BERRY SIMS, et al.

DEFENDANTS
ORDER

Pursuant to the Court’s May 20, 2011 Order (Doc. No. 16) declining to adopt the April 27,
2011 Proposed Findings and Recommendations (Doc. No. 11), Plaintiff shall have one final
opportunity to submit an Amended Complaint which meets the requirements of FED .R.CIV .P. 8(a).
The Amended Complaint shall comply with the Federal Rules and this Court’s March 9, 2011 Order,
which provided as follows:
Therefore, Plaintiff is directed to file a short and Second Amended
Complaint which sets forth one claim which he wishes to pursue in
this case. (His other claims should be set forth in separate lawsuits.)
This Second Amended Complaint will render his Original and
Amended Complaint without legal effect, and will take the place of
those pleadings. In the Second Amended Complaint, Plaintiff shall
specifically and clearly state the following: (1) the name of each
individual personally involved in the actions at issue in the
complaint; (2) how each individual was personally involved in
those actions; and (3) how each individual violated the Plaintiff's
constitutional rights. Plaintiff must set forth specific facts
concerning the allegations he has set forth including, where
applicable, dates, times and places. If Plaintiff fails to abide by the
directions in this Order, his Complaints will be dismissed without
prejudice....
(Doc. No. 6). Accordingly,
IT IS, THEREFORE, ORDERED that Plaintiff shall have one final opportunity in which to
submit an Amended Complaint in accordance with the above instructions, within fifteen days of the

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date of this Order. Failure to comply with this Order shall result in the dismissal without prejudice
of Plaintiff’s Complaint.
IT IS FURTHER ORDERED that failure to respond to this Order shall also result in the
dismissal without prejudice of Plaintiff’s Complaint, pursuant to Local Rule 5.5(c)(2).1
IT IS SO ORDERED this 25th day of May, 2011.

______________________________________
JEROME T. KEARNEY
UNITED STATES MAGISTRATE JUDGE

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The Rule provides:
It is the duty of any party not represented by counsel
to promptly notify the Clerk and the other parties to
the proceedings of any change in his or her address,
to monitor the progress of the case and to prosecute
or defend the action diligently . . . . If any communication from the Court to a pro se plaintiff is not
responded to within thirty (30) days, the case may be
dismissed without prejudice. . . .

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