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).

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

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