McEwing v. Shores et al

Filing 115

ORDER ADOPTING 97 Partial Report and Recommendations. Ables should be added as a defendant and served. 99 Addendum 107 Objection to Report and Recommendations. Signed by Judge D. P. Marshall Jr. on 12/19/13. (kpr) (Additional attachment(s) added on 12/19/2013: # 1 Main Document - Correct) (jak).

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION ANDRE D. McEWING, ADC #116327 v. PLAINTIFF 5:12-cv-298-DPM-JJV SHORES, Lieutenant, Varner Unit, ADC; HUCHERSON, Sergeant, Varner Unit, ADC; COCKRELL, Sergeant, Varner Unit, ADC; HAYES, Sergeant, Varner Unit, ADC; J. BYERS, Major, Varner Unit, ADC; JAMES PLUMMER, Sergeant, Varner Unit, ADC; J. PRICE, Property Officer, Varner Unit, ADC; NEWTON, Nurse, Varner Unit, ADC; M. ROWE, Nurse, Varner Unit, ADC; F. WASHINGTON, Sergeant, Varner Unit, ADC; T. SPENCER, Sergeant, Varner Unit, ADC; M.L. DRAYER, Administrative Disciplinary Judge, ADC; J. BANKS, Unit Warden, Varner Unit, ADC; ABLES; BENNY MOORE, CO II, Varner Unit, ADC; ALLEN, CO II, Varner Unit, ADC; DERRICK JONES, CO II, Varner Unit, ADC; STEPHEN POE, Sergeant; P. GOOLEY, Sergeant, Varner Unit, ADC; STEVENS, Captain, Varner Unit, ADC; JOHNSON, Lieutenant, Varner Unit, ADC; S. BYERS, Nurse, Varner Unit, ADC; and JOHN DOES DEFENDANTS ORDER Unopposed recommendation, NQ 97, adopted. FED. R. CIV. P. 72(b) (Advisory Committee notes to 1983 Addition). McEwing' s claims against Rowe are dismissed without prejudice. 107, declined on de novo review. Opposed recommendation, NQ 98 & FED. R. CIV. P. 72(b)(3). On the same day the recommendation was filed, McEwing finally stated a claim against Nurse Ables with specificity. NQ 99. Ables should be added as a defendant and served. The pleadings are closed. McEwing has been allowed to amend or supplement his complaint at least five times. This case has more than one hundred docket entries and more than twenty defendants. The interests of justice favor getting to the merits now rather than allowing any more amendments. FED. R. CIV. P. 15(a). So Ordered. D.P. Mar~hall Jr. t/ United States District Judge -2-

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