Winston v. Harmon
ORDER directing the U. S. Marshal to serve summons and complaints 2 4 on defts Harmon and Harris without prepayment of fees and costs. Signed by Magistrate Judge Beth Deere on 9/5/12. (vjt)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CHARLES A. WINSTON,
CASE NO. 2:12CV00147 DPM/BD
GREG HARMON, et al.
Plaintiff Charles A. Winston, an Arkansas Department of Correction (“ADC”)
inmate, filed this case pro se under 42 U.S.C. § 1983. Because it was unclear to the Court
from the initial complaint what claims Mr. Winston intended to include in his lawsuit, the
Court ordered him to file an amended complaint.
Mr. Winston has now filed an amended complaint alleging: (1) Warden Greg
Harmon and Lieutenant Harris were deliberately indifferent to his safety in violation of
the Eighth Amendment because the unit he was housed in was understaffed on two
occasions in August, 2009; and (2) Lieutenant Harris retaliated against him for filing a
grievance related to his deliberate indifference claim.
Service is now proper for Defendants Greg Harmon and Lieutenant Harris. The
Clerk of Court is directed to prepare summonses for Defendants Harmon and Harris, and
the United States Marshal is directed to serve copies of the Complaint and the Amended
Complaint with any attachments (docket entries #2 and #4), and a summons for these
Defendants through the Compliance Division of the Arkansas Department of Correction,
P.O. Box 20550, Pine Bluff, Arkansas 71612, without prepayment of fees and costs or
IT IS SO ORDERED this 5th day of September, 2012.
UNITED STATES MAGISTRATE JUDGE
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