HOLLOWAY v. NORRIS, 5:12-cv-128-DPM-BD. (2012)
Court: District Court, E.D. Arkansas
Number: infdco20120702618
Visitors: 4
Filed: Jun. 29, 2012
Latest Update: Jun. 29, 2012
Summary: ORDER D. P. MARSNALL, Jr., District Judge. Holloway has objected to Magistrate Judge Deere's partial recommended disposition. Document No. 29. Having performed a de novo review, the Court adopts in part the partial recommended disposition, Document No. 14, and remands in part for further consideration of one claim. Holloway's claims against Norris, Hobbs, May, Burl, and Andrews are dismissed without prejudice. And Holloway's claim that Harmon failed to respond in a timely fashion to his
Summary: ORDER D. P. MARSNALL, Jr., District Judge. Holloway has objected to Magistrate Judge Deere's partial recommended disposition. Document No. 29. Having performed a de novo review, the Court adopts in part the partial recommended disposition, Document No. 14, and remands in part for further consideration of one claim. Holloway's claims against Norris, Hobbs, May, Burl, and Andrews are dismissed without prejudice. And Holloway's claim that Harmon failed to respond in a timely fashion to his d..
More
ORDER
D. P. MARSNALL, Jr., District Judge.
Holloway has objected to Magistrate Judge Deere's partial recommended disposition. Document No. 29. Having performed a de novo review, the Court adopts in part the partial recommended disposition, Document No. 14, and remands in part for further consideration of one claim. Holloway's claims against Norris, Hobbs, May, Burl, and Andrews are dismissed without prejudice. And Holloway's claim that Harmon failed to respond in a timely fashion to his disciplinary appeals is dismissed with prejudice. But the Court is uneasy about dismissing Holloway's discrimination claim at the screening stage, particularly in light of his objections and supporting affidavits-papers Judge Deere never saw. The Court expresses no opinion on the merits of this claim. It does, however, deserve further consideration. The Court therefore requests Judge Deere to revisit Holloway's discrimination claim, including whether he should be allowed to amend his complaint.
So Ordered.
Source: Leagle
