Grant/Rakim v. Kelley

Filing 8

ORDER adopting the 3 recommendation, as modified; partly sustaining Grant/Rakim's 4 objection; granting 1 motion to proceed in forma pauperis; and dismissing Grant/Rakim's claims against Director Kelley without prejudice; If Grant/Rak im wishes to continue with this case, then he must file an amended complaint against an appropriate defendant by 02/10/2017. If he fails to do so, then his case will be dismissed without prejudice. The Court returns this case to the Magistrate Judge for further proceedings. The Magistrate Judge will enter an Order with details about collecting the filing fee; and he will screen any amended complaint. Signed by Judge D. P. Marshall Jr. on 01/11/2017. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION

ABRAHAM/RASHEEN GRANT/RAKIM
ADC #128147

v.

PLAINTIFF

No. 5:16-cv-305-DPM-JTK

WENDY KELLEY,
Director, ADC

DEFENDANT

ORDER
1. On de nova review, the Court adopts the recommendation, N2 3, as

modified and partly sustains Grant/Rakim' s objections, N2 4. FED. R. CIV.
P. 72(b)(3).

2. The Court concludes that Grant/Rakim alleges facts sufficient to

clear the imminent danger bar. 28 U.S.C. § 1915(g); N2 2 & 4. His motion to
proceed in forma pauperis, Ng 1, is therefore granted. As the Magistrate Judge
notes, though, Grant/Rakim' s complaint fails to state a claim against Director
Kelley. N2 3 at 4. His claims against her are therefore dismissed without
prejudice.

If Grant/Rakim wishes to continue with this case, then he

must file an amended complaint against an appropriate defendant by

10 February 2017. If he fails to do so, then his case will be dismissed without
prejudice.

LOCAL RULE

5.5(c)(2).

3. The Court returns this case to the Magistrate Judge for further
proceedings. The Magistrate Judge will enter an Order with details about
collecting the filing fee; and he will screen any amended complaint.
So Ordered.
D.P. Marshall Jr. /
United State District Judge

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