Brewer v. Jonesboro Police Department et al

Filing 5

ORDER directing the Clerk to send Plaintiff a freeworld amended application to proceed in forma pauperis. Plaintiff shall within 30 days submit the $350 filing fee to the Clerk of the U.S. District Court for the Eastern District of Arkansas or file an amended application to proceed in forma pauperis. Plaintiff is directed to provide Doe's name to the court. Signed by Chief Judge Brian S. Miller on 03/04/2013. (jak)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
JERRY TODD BREWER
v.

PLAINTIFF
CASE NO. 3:12CV00315 BSM

JONESBORO POLICE DEPARTMENT et al.

DEFENDANTS

ORDER
On February 12, 2013, plaintiff Jerry Todd Brewer filed a notice of change of address
[Doc. No. 4] indicating that he has been released from custody. Because of his recent
release, it is unclear whether Terry is still entitled to proceed in forma pauperis. If Terry
wishes to proceed with his case, he is directed to either pay the statutory $350 filing fee or
to file an amended motion to proceed in forma pauperis within thirty (30) days of this order.
In his complaint, Terry alleges that he was the victim of excessive force at the hands
of defendant Doe, an officer with the Jonesboro Police Department, and that he was denied
his prescribed medication for the injury after he was taken to the Craighead County jail.
Neither the county jail nor the police department are legal entities subject to suit. See Owens
v. Scott County Jail, 328 F.3d 1026, 1027 (8th Cir. 2003) (noting that county jails are not
amenable to suit); Ketchum v. City of West Memphis, 974 F.2d 81, 82 (8th Cir. 1992) (noting
that a police department is not a separate suable entity). Without a name for the officer, the
court cannot attempt service for defendant Doe and failure to provide Doe’s name will result
in the dismissal of Brewer’s complaint due to the absence of other appropriate defendants.

IT IS THEREFORE ORDERED that:
1.

The clerk is directed to send Terry a freeworld amended application to proceed

in forma pauperis.
2.

Terry shall, within thirty (30) days of this order, submit the $350 statutory

filing fee to the Clerk of the United States District Court for the Eastern District of Arkansas,
or file an amended application to proceed in forma pauperis.
3.

Terry is directed to provide Doe’s name to the court.

4.

Terry is reminded that failure to timely and properly comply with this order

will result in the case being dismissed, without prejudice, pursuant to Local Rule 5.5(c)(2).

IT IS SO ORDERED this 4th day of March 2013.

________________________________
UNITED STATES DISTRICT JUDGE

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