Stewart v. Hobbs et al

Filing 17

ORDER adopting 8 Recommended Disposition as this Court's findings in all respects except that the date of the alleged racial slur is 4/9/2013 not 9/13. Stewart's claims are dismissed without prejudice and the Court certifies that an in forma pauperis appeal would be frivolous and not taken in good faith. Signed by Judge J. Leon Holmes on 1/31/2014. (ks)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
PHILLIP DEWAYNE STEWART
ADC #151956
v.

PLAINTIFF

NO. 5:13CV00381 JLH/BD

RAY HOBBS, et al.

DEFENDANTS
ORDER

The Court has received a Recommended Disposition (“Recommendation”) from Magistrate
Judge Beth Deere. After careful review of the Recommendation, Phillip Dewayne Stewart’s timely
objections, as well as a de novo review of the record, the Court concludes that the Recommendation
should be, and hereby is, approved and adopted as this Court’s findings in all respects except that
the date of the alleged racial slur is April 9, 2013, not September 2013. In addition, the Court notes
that Stewart has filed documents docketed as an amended complaint (Document #12), a motion to
amend or correct the complaint (Document #15), and an addendum (Document #16) after Judge
Deere submitted her Recommendation. Those documents do not correct the deficiencies in the
original complaint.
Stewart’s claims are DISMISSED, without prejudice. In addition, the Court certifies that an
in forma pauperis appeal of this dismissal would be frivolous and not taken in good faith.
IT IS SO ORDERED this 31st day of January, 2014.

__________________________________
UNITED STATES DISTRICT JUDGE