Winston v. Etherly et al

Filing 10

ORDER directing the U.S. Marshal to serve summons, 8 Amended Complaint, and this Order on deft Etherly without prepayment of fees and costs. Signed by Magistrate Judge H. David Young on 7/17/12. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
HELENA DIVISION
CHARLES A. WINSTON
ADC #84733
V.

PLAINTIFF

NO: 2:12CV00084 JMM/HDY

MARCUS I. ETHERLY et al.

DEFENDANTS
ORDER

Plaintiff, an Arkansas Department of Correction inmate, filed a pro se complaint on May 9,
2012. Because Plaintiff’s complaint contained multiple and unrelated claims, he was ordered to file
an amended complaint setting forth only those claims he wished to pursue which related to a single
issue. Plaintiff filed his amended complaint on June 22, 2012.
In his amended complaint, Plaintiff asserts that Defendant Marcus I. Etherly used excessive
force against him in a May 5, 2009, incident. Plaintiff further charges that when he filed two
grievances against and a small claims lawsuit against Etherly, Etherly retaliated by filing false
disciplinary charges against him on October 23, 2010, and confiscating grievance forms on
November 1, 2010. Liberally construing Plaintiff’s amended complaint, he has stated a claim that
Etherly violated his constitutional rights by using excessive force against him, and retaliating against
him for filing grievances and a lawsuit. Accordingly, service is appropriate for Etherly, and the
United States Marshal is directed to serve a copy of the amended complaint (docket entry #8), this
order, and summons, upon him, without prepayment of fees and costs or security therefor.
IT IS SO ORDERED this

17

day of July, 2012.

UNITED STATES MAGISTRATE JUDGE