Gardner v. Budnik et al

Filing 8

ORDER directing the Clerk to strike Plaintiff's Amended Complaint from the record 7 . If Plaintiff wishes to add Defendants he may do so as part of a single amended pleading which contains all claims and parties he wishes to sue. Signed by Magistrate Judge Joe J. Volpe on 2/2/2016. (lej)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
WALLACE A. GARDNER, ADC # 110784
v.

PLAINTIFF

5:16CV00024-DPM-JJV

CHRISTOPHER BUDNIK, Deputy Warden,
Varner Unit; et al.

DEFENDANTS

ORDER
Now pending before the Court is Plaintiff’s Amended Complaint. (Doc. No. 7.) Therein,
Plaintiff has included an affidavit and several grievance documents which were exhausted after he
mailed his initial Complaint (Doc. No. 2) but before it was actually filed. Based on these exhausted
grievances Plaintiff seeks to add three new Defendants to this action - Estella Bland, Lisa Gibson,
and Kennie L. Bolden. (Doc. No. 7 at 2.) The Amended Complaint does not include a statement
of Plaintiff’s claims against any of these Defendants and I decline to accept his grievance documents
as a substitute. Moreover, I have already afforded Plaintiff an opportunity to amend his initial
Complaint. (Doc. No. 4.) If he wishes to add these or any other Defendants he may do so as part
of a single amended pleading which contains all claims and parties he wishes to sue.
IT IS, THEREFORE, ORDERED that the Clerk of Court shall strike Plaintiff’s Amended
Complaint (Doc. No. 7) from the record.
DATED this 2nd day of February, 2016.

____________________________________
JOE J. VOLPE
UNITED STATES MAGISTRATE JUDGE