Rashad v. Sallings et al

Filing 8

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)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION FAHIM JAMAL RASHAD v. PLAINTIFF No. 1:13-cv-32-DPM 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 DEFENDANTS ORDER 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. FED. R. CIV. P. 26(d)(l). So Ordered. United States District Judge

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