Croston v. Hobbs et al

Filing 40

ORDER ADOPTING 38 Partial Report and Recommendations; therefore, pltf's 37 Motion to Amend is denied; to clarify the Court's previous Orders 35 36 , the Court vacates the last paragraph of its Order granting in full Croston's previous motion to amend 35 at 2; if pltf wants to amend his complaint to pursue additional claims stemming from the 2012 incident, against new defts, he should file a motion to amend with a copy of his proposed second amended complaint 36 . Signed by Judge D. P. Marshall Jr. on 11/25/13. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
DETRICK D. CROSTON
ADC # 131172
v.

PLAINTIFF

No. 5:13-cv-217-DPM-BD

ARTIS RAY HOBBS, Director, ADC; MARVIN
EVANS, ADC; RAYMOND NAYLOR, ADC;
THOMAS ROLAND, ADC; WILLIAM
STRAUGHN, Maximum Security Unit, ADC;
STEVE OUTLAW, Maximum Security Unit, ADC;
MAURICE WILLIAMS, Maximum Security Unit,
ADC; GREG SOCIA, Maximum Security
Unit, ADC; RODERICK COOKSEY; MORRIS,
Sergeant, Maximum Security Unit; and MARSH,
Correctional Officer, Maximum Security Unit

DEFENDANTS

ORDER
Croston has not objected to Magistrate Judge Beth Deere's Proposed
Findings and Recommended Disposition, NQ 38.

Having reviewed the

proposal for clear errors of fact on the face of the record, FED. R. CIV. P. 72(b)
(Advisory Committee notes to the 1983 addition), and for legal error, the
Court adopts it. Croston's motion to amend, NQ 3 7, is denied.
The Court's previous Orders, NQ 35 & 36, are at odds and need
clarification. The Court vacates the last paragraph of its Order granting in full
Croston's previous motion to amend. NQ 35 at 2. If Croston wants to amend

his complaint to pursue additional constitutional claims stemming from the
2012 incident, against new defendants, he should file a motion to amend with
a copy of his proposed second amended complaint. NQ 36.
So Ordered.
D.P. Marsha~ 1/
United States District Judge

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