Barnett v. Kelley et al

Filing 14

ORDER instructing the Clerk to substitute the Arkansas Department of Correction in place of the Grimes Correctional Unit as a Defendant, the Grimes Correctional Unit should be terminated as a Defendant. The Clerk of the Court is directed to prepare a summons for the Arkansas Department of Correction through the Arkansas Attorney General's Office and the U.S. Marshal is directed to serve a copy of the 3 Complaint and a summons for this Defendant without requiring prepayment of fees, costs, or security. Signed by Magistrate Judge Beth Deere on 11/30/2016. (mef)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
MATTHEW W. BARNETT,
ADC #135607
V.

PLAINTIFF

CASE NO. 1:16-CV-00156 BSM/BD

WENDY KELLEY, et al.

DEFENDANTS
ORDER

Mr. Barnett, an Arkansas Department of Correction inmate, filed this lawsuit
without the help of a lawyer. (Docket entry #3) He claims that Defendants violated his
rights guaranteed by the Constitution and also his rights under the Americans with
Disabilities Act (“ADA”). The Court has ordered service of process for Defendants
Kelley, Payne, Durham, Ramsey, and Pearce for the constitutional claims. (#5)
The Grimes Correctional Unit (“Grimes”) is not a proper Defendant for any of Mr.
Barnett’s claims. He can sue the Arkansas Department of Correction, however, under the
ADA. See United States v. Georgia, 546 U.S. 151, 126 S.Ct. 877 (2006) (Title II of the
ADA authorized suits by private citizens for money damages against public entities that
violate the Act). Therefore, the Clerk is instructed to substitute the Arkansas Department
of Correction in place of the Grimes Correctional Unit as a Defendant. The Grimes
Correctional Unit should be terminated as a Defendant.
The Clerk of Court is directed to prepare a summons for the Arkansas Department
of Correction. The U.S. Marshal is directed to serve a copy of the complaint, along with
any attachments (docket entry #3), and a summons for this Defendant without requiring

prepayment of fees and costs or security. Service for this Defendant should be through
the Arkansas Attorney General’s Office, 323 Center Street, Suite 200, Little Rock,
Arkansas 72201.
IT IS SO ORDERED this 30th day of November, 2016.

___________________________________
UNITED STATES MAGISTRATE JUDGE

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