Rashad v. Sallings et al
ORDER dismissing plaintiff's claims against defts Sallings, Harris, and Dendrick. Service is appropriate as to deft Sims. The Clerk shall prepare summons and the U.S. Marshal shall serve it and a copy of the complaint, without prepayment of fees. The 7 MOTION to Compel filed by Fahim Jamal Rashad is denied without prejudice. Def Sims need not respond to discovery requests until he has been served and made a party to this lawsuit. Signed by Judge D. P. Marshall Jr. on 5/3/13. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
FAHIM JAMAL RASHAD
DICK H. SALLINGS, Executive
Director, Arkansas Public Defenders
Commission; TAMMY L. HARRIS,
Managing Public Defender, Cleburne
County; THOMAS KENDRICK, Public
Defender, Cleburne County; JEFF SIMS,
CID, Independence County
Rashad is an inmate proceeding prose and in forma pauperis in this
§ 1983 action. This court must screen Rashad' s complaint. 28 U .S.C. § 1915A.
Rashad claims he was not properly represented by the public defender's office
in his state criminal proceedings and that defendant Sims fabricated evidence
against him. Public defenders do unot act under color of state law when
performing a lawyer's traditional functions as counsel to a defendant in a
criminal proceeding." Polk County v. Dodson, 454 U.S. 312, 325 (1981). So
Rashad' s § 1983 claim against them cannot succeed. Defendants Sailings,
Harris, and Dendrick are dismissed.
Service is appropriate as to Defendant Sims. The Clerk shall prepare
summons for Sims and the United States Marshal shall serve it and a copy of
the complaint, NQ 2, without prepayment of fees and costs or security.
Rashad' s motion to compel, NQ 7, is denied without prejudice. Only Sims will
be served; and he need not respond to discovery requests until he has been
served and made a party to this lawsuit.
R. CIV. P. 26(d)(l).
United States District Judge
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