McEwing v. Shores et al

Filing 138

ORDER adopting as modified 130 Opposed Recommendation. The Court directs counsel for the Arkansas Attorney General to provide Allen's first name by 20 February 2014. For good cause, the window for serving him is reopened until 20 March 2014. All McEwing's claims against all the John Does are dismissed by agreement without prejudice. McEwing's 135 request for a hearing is denied. Signed by Judge D. P. Marshall Jr. on 2/13/2014. (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; 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;
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; JOHN DOES;
and GENE CAROL ABLES, Nurse,
Varner Unit, ADC

DEFENDANTS

ORDER

Opposed recommendation, NQ 130, adopted as modified. FED. R. CIV.
P. 72(b)(3). McEwing has provided current addresses for Allen and for Poe,
who has now been served. NQ 137. Poe therefore remains in the case. For
good cause, the Court approves his belated service. FED. R. CIV. P. 4(m).
Allen remains in the case, too, because, given the specificity of the allegations
involving him, NQ 60 at 20, his identity can be pinned down. Munz v. Parr, 758
F.2d 1254,1257 (8th Cir.1985). McEwing, moreover, has pleaded Allen's last
name, but not his first. The Court directs counsel for the Arkansas Attorney
General to provide Allen's first name by 20 February 2014. The same belated
service will exist on Allen. For good cause, the window for serving him is
reopened until20 March 2014. FED. R. CIV. P. 4(m). All McEwing's claims
against all the John Does are dismissed by agreement without prejudice.
McEwing' s request for a hearing, NQ 135 at 4, is denied.
So Ordered.
II

D.P. Marshall Jr.
United States District Judge

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