Walker v. Magee et al

Filing 19

ORDER ADOPTING 12 Partial Report and Recommendations and dismissing Walker's non-medical claims. Walker may bring those claims up again if he can more precisely and concisely explain his predicament. Signed by Judge D. P. Marshall Jr. on 8/1/13. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION PLAINTIFF KENNETH WAYNE WALKER, ADC#154873 v. No. 5:13-cv-171-D.PM-JTK STAND MAGEE, Deputy Chief, Dallas County Jail; CURRY DUNN, Deputy, Dallas County Jail; and TOMMY STRINGFELLOW, Jail Administrator, Dallas County Jail DEFENDANTS ORDER Though no one has objected to Magistrate Judge Jerome T. Kearney's recommendation that the Court dismiss Walker's non-medical claims, reviewing for legal error and clear error of fact on the face of the record, FED. R. CIV. P. 72(b) (1983 addition to Advisory Committee note), the Court adopts with a supplemental word. Walker's non-medical claims are not stated clearly enough to allow the Court to evaluate whether they are claims the law recognizes. Taking Walker's allegations as true, it is not clear whether by some oversight he has had to pay an already satisfied penalty; whether he has been made to pay a penalty that was never lawfully imposed; whether he has been arbitrarily arrested and fined for different instances of the same alleged criminal conduct; or whether he has been repeatedly arrested (and charged an associated fee) for nonpayment of an existing fine, satisfied or not. These factual shadings might make a legal difference. So the Court dismisses the non-medical claims now, but does not prevent Walker from bringing them again if he can more precisely and concisely explain his predicament. So Ordered. ~ // D.P. Marshall Jr-. United States District Judge -2-

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