Winston v. Harmon

Filing 5

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)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION CHARLES A. WINSTON, ADC #84733 V. PLAINTIFF CASE NO. 2:12CV00147 DPM/BD GREG HARMON, et al. DEFENDANTS ORDER 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 posting security. IT IS SO ORDERED this 5th day of September, 2012. ___________________________________ UNITED STATES MAGISTRATE JUDGE 2

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