Dixion v. Allen et al

Filing 7

ORDER dismissing without prejudice Coleman, Bohner, and Allen as defendants. The Clerk is directed to prepare a summons for Davis and Childress. The U.S. Marshal is directed to serve the summons, complaint, amended complaint, and this Order on them w ithout prepayment of fees and costs or security therefor. If either of the defendants is no longer a county employee, the individual responding to service must file the unserved defendant's last known private mailing address under seal. Signed by Judge D. P. Marshall Jr. on 4/20/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION

DEMETRIUS DIXION
ADC #144746
v.

PLAINTIFF
No. 3:14-cv-301-DPM-JTR

MIKE ALLEN, Sheriff, Crittenden County
Detention Center; ROBERT COLEMAN,
Administrator, Crittenden County Detention
Center; TERREA BOHNER, Chief Jailer,
Crittenden County Detention Center; DAVIS,
Officer, Crittenden County Detention Center;
and MANDY CHILDRESS, Nurse, Crittenden
County Detention Center

DEFENDANTS

ORDER
1. Dixion has filed this pro se § 1983 action saying that defendants
violated his constitutional rights while he was a pretrial detainee in the
Crittenden County Detention Center. NQ 2 & 6. The Court must screen
Dixion's complaint. 28 U.S.C. § 1915A.
2. Dixion says that Coleman, Bohner, and Allen violated his due process
rights by failing to respond to his grievances. Prisoners do not have a
constitutional right to a grievance procedure. Lomholt v. Holder, 287 F.3d 683,
684 (8th Cir. 2002) (per curiam). The failure-to-respond-to- grievances claims

are dismissed, and Coleman, Bohner, and Allen are dismissed without
prejudice as defendants.
3. Dixion has, however, pleaded plausible claims that Davis used
excessive force against on 6 November 2014 and that Childress failed to
provide him with adequate medical care for his injuries.
The Clerk is directed to prepare a summons for Davis and Childress.
The U.S. Marshal is directed to serve the summons, complaint, amended
complaint and this Order on them without prepayment of fees and costs or
security therefor. If either of the defendants is no longer a county employee,
the individual responding to service must file the unserved defendant's last
known private mailing address under seal.
So Ordered.

D.P. Marshall Jr. (/
United States District Judge

-2-