United States District Court, E.D. Arkansas, Eastern Division
DEERE, Magistrate Judge.
Procedures for Filing Objections:
Recommended Disposition ("Recommendation") has been
sent to Judge James M. Moody Jr. You may file written
objections to this Recommendation. If you file objections,
they must be specific and must include the factual or legal
basis for your objection. Your objections must be received in
the office of the United States District Court Clerk within
fourteen (14) days of this Recommendation.
objections are filed, Judge Moody can adopt this
Recommendation without independently reviewing the record. By
not objecting, you may also waive any right to appeal
questions of fact.
Edward Jones filed this case pro se. (Docket entry #2) In
his original complaint, Mr. Jones sued the State of Arkansas
as the only Defendant. His complaint appeared to be an appeal
of an order issued by the Clerk of the Arkansas Supreme
Jones filed an amended complaint naming deputy prosecuting
attorney Todd H. Murray, deputy prosecuting attorney Blake
Spears, prosecuting attorney Fletcher Long Jr., attorney Paul
N. Ford, attorney Bryce D. Cook, and Arkansas Supreme Court
Clerk Stacey Pectol as Defendants. (#11) Mr. Jones's
amended complaint was incoherent, but this Court gave him an
opportunity to file a second amended complaint if he wished
to proceed. (#18)
Jones filed a second amended complaint naming the State of
Arkansas, deputy prosecuting attorney Todd H. Murray, deputy
prosecuting attorney Blake Spears, prosecuting attorney
Fletcher Long, Jr., and Arkansas Supreme Court Clerk Stacey
Pectol as Defendants. (#21) In the second amended complaint,
Mr. Jones abandoned whatever claims he had previously
attempted to state against attorneys Paul N. Ford and Bryce
D. Cook. (#21)
Jones has now filed a supplemental second amended complaint
without leave of the Court. (#32) In the supplemental second
amended complaint, Mr. Jones again names Paul N. Ford as a
Defendant. Mr. Jones states that he did not add Mr. Cook as a
defendant because Mr. Cook "asked not to be a part of
the lawsuit." (#32, p. 2) To date, the State of Arkansas
is the only Defendant on which this Court has ordered
State of Arkansas has filed a motion to dismiss. (#22) Mr.
Ford and Mr. Cook have filed multiple motions to dismiss.
(#25 and #29) For reasons explained below, Judge Moody should
GRANT the State of Arkansas's motion to dismiss, as well
as Mr. Ford's motions to dismiss. (#25 and #29) Because
Mr. Jones abandoned whatever claims he attempted to raise
against Mr. Cook, Judge Moody should DENY his motions (#25
and #29) as moot. Judge Moody should also dismiss the
remaining Defendants and claims and close the case.
case concerns title to approximately 120 acres of land in Lee
County, Arkansas. (#21, pp. 11-13) It appears that the land
was owned by Clarence Jones and Linda Jones of Forrest City,
Edward Jones apparently had power-of-attorney over his
father's affairs. While his father bore the name
"Clarence Jones, " he was not the Forrest City
Clarence Jones who owned an interest in the 120 acres at
issue; rather, this Clarence Jones lived in Little Rock,
Arkansas and held no ownership interest in the Lee County
April of 2014, Edward Jones took steps to transfer title to
some of the Lee County land from "Clarence Jones"
to himself. To that end, Edward Jones filed a warranty deed,
assessed and paid taxes on the land, and instructed the
tenant farmer who had farmed the land since the 1960s to ...