Davis et al v. Adams et al
Filing
26
ORDER declining to adopt the 2 ] Recommended Disposition. The Court orders the plaintiffs to file an amended complaint within thirty days from the entry of Order. Failure to submit an amended complaint within thirty days from the entry of this Order may result in dismissal of the action. This action is again referred to Magistrate Judge Deere for disposition or recommended disposition, as appropriate, of all pretrial proceedings. Signed by Judge J. Leon Holmes on 5/21/2015. (ks)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
CARL A. DAVIS, ADC #141860;
and MARK A. FRANKLIN
v.
PLAINTIFFS
NO. 5:15CV00079 JLH/BD
EDWARD ADAMS, et al.
DEFENDANTS
ORDER
United States Magistrate Judge Beth Deere has recommended that this action be dismissed
without prejudice because the plaintiffs’ complaint does not allege that defendants actually knew
of but disregarded or were deliberately indifferent to their health or safety. She explains that their
complaint alleges that after the incident, they submitted grievances regarding their safety but did not
allege that the defendants were aware of a risk to them before the incident. After Judge Deere
submitted her recommended disposition, Mark A. Franklin filed an addendum to the complaint, and
both plaintiffs filed objections, arguing that the defendants were aware of the risk to their health and
safety before the attack. The exhibits to the addendum indicate that grievances were filed
complaining about the risks before the attack.
The Court declines to accept the proposed findings and recommended disposition.
Document #22. Instead, the Court orders the plaintiffs to file an amended complaint within thirty
days from the entry of Order explaining in detail that each defendant knew about the risks posed to
them, how each defendant learned about the risks, and when each defendant learned about the risks.
The amended complaint or complaints should not incorporate by reference previous filings. Failure
to submit an amended complaint within thirty days from the entry of this Order may result in
dismissal of the action.
This action is again referred to Magistrate Judge Deere for disposition or recommended
disposition, as appropriate, of all pretrial proceedings.
IT IS SO ORDERED this 21st day of May, 2015.
__________________________________
J. LEON HOLMES
UNITED STATES DISTRICT JUDGE
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?