Brown v. Craighead County Detention Center

Filing 2

ORDER advising Mr. Brown that he must either pay the $350 filing fee, or file an in forma pauperis application, within 30 days of this Order. The Clerk is directed to send Mr. Brown the application, along with a copy of this Order. Mr. Brown is ordered to file an amended complaint, as directed, w/i 30 days of this Order. Failure to comply with this Order could result in the dismissal of Plaintiff's claims. Signed by Magistrate Judge Beth Deere on 6/6/2012. (jct)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
D’ANDRE DETREZ BROWN
V.

PLAINTIFF

No. 3:12CV00134 JLH/BD

CRAIGHEAD COUNTY DETENTION CENTER

DEFENDANT

ORDER
Plaintiff D’Andre Detrez Brown, an inmate housed at the Craighead County
Detention Center, filed this pro se Complaint (docket entry #1) under 42 U.S.C. § 1983.
Upon a review of the record, the Court notes that Mr. Brown has not paid the required
$350.00 filing fee or, alternatively, filed a motion to proceed in forma pauperis.1
If he seeks to proceed in forma pauperis, Mr. Brown must file a completed
application, along with a calculation sheet showing his inmate trust fund balance. Based
on information in the application and calculation sheet, the Court will assess partial filing
fees to be paid immediately, if there is enough money in his inmate trust account. The
rest of the filing fees will be collected from his inmate trust accounts in monthly
installments until the filing fee is fully paid. 28 U.S.C. § 1915(b)(1)-(2). Mr. Brown
must either pay the $350.00 filing fee or file an in forma pauperis application, within

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Even if Mr. Brown is given in forma pauperis status, he still has to pay a $350.00
filing fee. 28 U.S.C. §1915(b)(1). The only advantage is that prisoners proceeding in
forma pauperis are allowed to pay the filing fee in installments, over time.

thirty days of this Order. The Clerk of Court is directed to send Mr. Brown an in forma
pauperis application, along with a copy of this Order.
There are several problems with the Complaint that Mr. Brown must address.
First, Mr. Brown names the Craighead County Detention Center as the only Defendant.
The Detention Center is an entity that can be sued under 42 U.S.C. § 1983. See La Garza
v. Kandiyohi County Jail, 18 Fed. Appx. 436 (8th Cir .2001) (unpub. table op.) (affirming
dismissal of county jail on grounds that a jail is not an entity subject to suit under § 1983).
Further, Mr. Brown complains that he has not been able to have contact visitation with his
family members since being placed on lock-down status. The Constitution does not
mandate that prisoners have contact visitation. Phillips v. Norris, 320 F.3d 844, 847 (8th
Cir. 2003) (no liberty interest in contact visitation).
Mr. Brown is ordered to file an amended complaint that states how his
constitutional rights were violated; identifies the individuals who violated his rights; and
explains how he was injured as a result of the misconduct. The amended complaint must
be filed within thirty days of this Order. Failure to comply with this Order could result in
the dismissal of Mr. Brown’s claims.2

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Local Rule 5.5(c)(2) includes requirements for parties who are not represented
by counsel. They must: promptly notify the Clerk and the other parties in the case of any
change in address; monitor the progress of the case and to prosecute or defend the case
diligently; sign all pleadings and include a current address, zip code, and telephone
number; and be familiar with and follow both Local Rules and the Federal Rules of Civil
Procedure. Any plaintiff not represented by counsel must respond to communications
from the Court within thirty (30) days, or the case can be dismissed.
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IT IS SO ORDERED this 6th day of June, 2012.

___________________________________
UNITED STATES MAGISTRATE JUDGE

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