Lee v. Ross

Filing 7

ORDER denying 6 Motion to Supplement. The Court directs the Clerk to file motion to amend as a complaint and open a new case. A copy of this order shall also be filed in the newly opened case. Signed by Honorable Barry A. Bryant on January 24, 2014. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
BRIAN E. LEE
v.

PLAINTIFF
CIVIL NO. 4:13-cv-04125

HEATH ROSS

DEFENDANT
ORDER

Plaintiff has filed a motion to amend his complaint. ECF No. 6. He wants to add a claim that
his constitutional rights were violated when he was locked down for a disciplinary violation without
a hearing or an opportunity to tell his side of the story.
The motion (ECF No. 6) is denied. Plaintiff did not file a grievance regarding this claim until
January 5, 2014. He filed this case on December 30, 2013. The Prison Litigation Reform Act
requires that a Plaintiff exhaust his administrative remedies or grievance procedure before he files
suit.
While this claim cannot be added to this case, the Court directs the Clerk to file the motion
to amend as a complaint and open a new case. A copy of this order shall also be filed in the newly
opened case. The Clerk is directed to send Plaintiff an in forma pauperis (IFP) application and a
form complaint to be used in cases brought under 42 U.S.C. § 1983. Plaintiff is directed to submit
the completed IFP application and complaint to the Court by February 7, 2014. Failure to comply
with this order will result in the dismissal of this case.
IT IS SO ORDERED this 24th day of January 2014.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
UNITED STATES MAGISTRATE JUDGE