Fitzgerald v. Busby et al

Filing 7

ORDER directing the Clerk to prepare summons for Defendants Busby, Boyd, Bonner & Strong, & the U.S. Marshal is directed to serve copies of the Complaint & Amended Complaint on the named Defendants without prepayment of fees and costs or security therefor. If Plaintiff wishes to proceed against the Doe Defendant, he is ordered to identify the Doe Defendant on or before 9/18/2009. Signed by Magistrate Judge Beth Deere on 5/22/09. (jct)

IN THE UNITED STATES DISTRICT COURT E A S T E R N DISTRICT OF ARKANSAS J O N E S B O R O DIVISION

N A T H A N I E L L. FITZGERALD V. D I C K BUSBY, et al. ORDER C A S E NO. 3:09CV00065 SWW-BD

P L A IN T IF F

DEFENDANTS

P la in tiff, a detainee at the Crittenden County Detention Facility, filed this § 1983 action pro se (docket entry #2) and submitted a motion to proceed in forma pauperis (#1). Because Plaintiff provided the documentation required by 28 U.S.C. § 1915(a), the Court p re v io u s ly granted Plaintiff's motion to proceed in forma pauperis (#4). Plaintiff has n o w filed an Amended Complaint. Federal courts are required to screen prisoner complaints seeking relief against a g o v e rn m e n ta l entity, officer, or employee. 28 U.S.C. § 1915A. The Court must dismiss a c o m p la in t or portion thereof if the prisoner has raised claims that: (a) are legally frivolous o r malicious; (b) fail to state a claim upon which relief may be granted; or (c) seek m o n e ta ry relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A. T h e Court has screened Plaintiff's Amended Complaint and it appears Plaintiff has s ta te d a claim for deliberate indifference to his medical needs, excessive force, and failure to protect. Accordingly, service is proper for Defendants Busby, Boyd, Bonner, and S tro n g .

With regard to the Doe defendant, the Federal Rules of Civil Procedure allow 120 d a y s in which to serve defendants. FED. R. CIV. P. 4(m). If Plaintiff wishes to proceed a g a in s t the Doe defendant, he is ordered to identify the Doe defendant on or before S e p te m b e r 18, 2009. The Clerk of Court shall prepare a summons for Defendants Busby, Boyd, Bonner, a n d Strong, and the United States Marshal is directed to serve copies of the Complaint a n d Amended Complaint with any attachments (docket entries #2 and #6), and a s u m m o n s for these Defendants through the Crittenden County Sheriff's Department, 350 A F C O Road, West Memphis, Arkansas 72301, without prepayment of fees and costs or s e c u rity therefor. IT IS SO ORDERED this 22nd day of May, 2009.

___________________________________ U N IT E D STATES MAGISTRATE JUDGE