Wallace v. Warner et al

Filing 21

ORDER that Plaintiff's 10 Notice which has been construed as a Motion for Leave to Amend the complaint is denied. Signed by Magistrate Judge J. Thomas Ray on 05/22/2013. (kcs)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION BYRON L. WALLACE, ADC #107098 V. PLAINTIFF 5:13CV00068 JLH/JTR MARK WARNER, Deputy Assistant Warden, Cummins Unit, ADC, et al. DEFENDANTS ORDER On April 29, 2013, the Court issued an Order: (1) allowing Plaintiff to proceed with his constitutional claims regarding his November 28, 2012 fight with inmate Timothy Davis; and (2) dismissing his remaining claims about his subsequent housing assignments. See Doc. #9. On May 13, 2013, Plaintiff filed a “Notice,” which will be construed as Motion to Amend the Complaint. See Doc. #10. In that pleading, Plaintiff alleges that ADC officials are currently housing him with dangerous inmates. Id. The Court has already ruled that Plaintiff must pursue any such claims in a separately filed lawsuit. See Docs. #5 and #9. IT IS THEREFORE ORDERED THAT Plaintiff’s Notice (Doc. #10), which has been construed as a Motion for Leave to Amend the Complaint, is DENIED. Dated this 22nd day of May, 2013. UNITED STATES MAGISTRATE JUDGE -2-

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