Avery v. Cashion et al

Filing 33

ORDER APPROVING AND ADOPTING 17 PROPOSED FINDINGS AND RECOMMENDATIONS as this Court's findings in all respects. Defendant Ronald Ganna should be dismissed without prejudice for failure to state a claim. Signed by Judge Kristine G. Baker on 12/04/2014. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
ROBERT WILLIAM AVERY,
ADC #652373
v.

PLAINTIFF

Case No. 5:13-cv-00378-KGB-HDY

MARK CASHION, et al.

DEFENDANTS
ORDER

The Court has received the Proposed Findings and Recommendations filed by Magistrate
Judge Joe J. Volpe (Dkt. No. 17).

After careful review of the Proposed Findings and

Recommendations, plaintiff Robert William Avery’s timely objection (Dkt. No. 18), as well as a
de novo review of the record, the Court concludes that the Proposed Findings and
Recommendations should be, and hereby are, approved and adopted as this Court’s findings in
all respects. Defendant Ronald Ganna should be dismissed without prejudice for failure to state
a claim on which relief may be granted.
Mr. Avery’s objection states that Mr. Ganna has “knowledge of the issues of this case by
Avery’s use of the grievance system” and that Mr. Ganna “made various responses to Avery’s
grievances that are [the] subject matter of this case.” Mr. Avery also notes that his prior claims
against Mr. Ganna in his individual capacity survived summary judgment before this Court
dismissed them without prejudice for failure to pay the filing fee, failure to comply with Local
Rule 5.5(c)(2), and failure to respond to the Court’s order. Even so, Mr. Avery does not make
any claims, allegations, or references to Mr. Ganna in this complaint. Mr. Avery may amend his
complaint to do so if he wishes.

IT IS SO ORDERED this the 4th day of December, 2014.

Kristine G. Baker
United States District Judge

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