Barbee v. Stuckey

Filing 20

ORDER ADOPTING 19 Report and Recommendations; FURTHER DIRECTING that an Amended Complaint be filed.(Amended Complaint due by 9/23/2016); denying 10 Motion to Dismiss Case as moot. Signed by Honorable Susan O. Hickey on August 23, 2016. (hnc)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION

SYLVESTER O. BARBEE
VS.

PLAINTIFF
CASE NO. 15-CV-6106

SGT. STARKEY

DEFENDANT

ORDER
Before the Court is the Amended Report and Recommendation filed on August 4, 2016
by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of
Arkansas. (ECF No. 19). Judge Bryant recommends that Plaintiff be given the opportunity to
amend his Complaint (ECF No. 1) to clarify certain claims and attach supplemental information
in support of his claims. Judge Bryant further recommends that Defendant’s Motion to Dismiss
(ECF No. 10) be denied as moot in light of the forthcoming amendment. The parties have not
filed objections to the Report and Recommendation, and the time to object has passed. See 28
U.S.C. § 636(b)(1). Therefore, the Court adopts the Report and Recommendation in toto.
The Clerk is directed to send Plaintiff a Prisoner Litigation Guide and the court-approved
Complaint Form. Plaintiff will be allowed to file an Amended Complaint on the form approved
by this Court for such filings. Plaintiff must attach all supporting documents, including medical
records and grievance forms, relevant to his Amended Complaint. The Amended Complaint must
be filed by September 23, 2016. After the filing of the Amended Complaint, the Court will treat
the Original Complaint as nonexistent. All claims made by Plaintiff must be included in the
Amended Complaint.

Defendant Starkey’s Motion to Dismiss (ECF No. 10) is DENIED as moot. Defendant
may refile a Motion to Dismiss upon the filing of the Amended Complaint.
IT IS SO ORDERED, this 23rd day of August, 2016.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge