Waller v. Taylor et al

Filing 13

ORDER ADOPTING 8 Report and Recommendations of Magistrate Judge: Plaintiff's 2 Complaint is dismissed without prejudice. Waller must submit an amended complaint within 30 days from the date of this Order that states a claim upon which reli ef may be granted, or this action will be dismissed. Waller's 4 and 5 Motions for Copies are denied as moot. This action is referred to Magistrate Judge Ray for disposition or recommended disposition of all pretrial matters. Signed by Judge J. Leon Holmes on 5/17/2013. (mcz)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
KENNETH L. WALLER,
ADC #103829
v.

PLAINTIFF

No. 5:13CV00030 JLH/JTR

LORIE A. TAYLOR; and
RANDY BUDNIK; Disciplinary Hearing
Officers, Arkansas Department of Correction

DEFENDANTS

ORDER
The Court has reviewed the Proposed Findings and Recommended Disposition submitted by
United States Magistrate Judge J. Thomas Ray and the filed objections. After carefully considering
these documents and making a de novo review of the record in this case, the Court concludes that
the proposed findings should be, and hereby are, approved and adopted as this Court’s findings. For
the reasons stated by Judge Ray, the complaint filed by Kenneth L. Waller fails to state a claim upon
which relief may be granted. Waller has recommended that he be given an opportunity to amend the
complaint, however, and the Court grants that request. Waller’s initial complaint is dismissed without
prejudice. Waller must submit an amended complaint that states a claim upon which relief may be
granted within 30 days from the entry of this Order. Failure to do so will result in the dismissal of
this action with prejudice.
This action is again referred to United States Magistrate Judge Ray for disposition or
recommended disposition, as appropriate, of all pretrial matters.
IT IS SO ORDERED this 17th day of May, 2013.

UNITED STATES DISTRICT JUDGE