Walker v. Magee et al
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)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
KENNETH WAYNE WALKER,
STAND MAGEE, Deputy Chief, Dallas
County Jail; CURRY DUNN, Deputy,
Dallas County Jail; and TOMMY
STRINGFELLOW, Jail Administrator, Dallas
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.
D.P. Marshall Jr-.
United States District Judge
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