Williams v. Morgan et al

Filing 21

ORDER directing the Clerk of Court to prepare summonses for Defendants Morgan, Ballard, Duncan, and Hall. The U.S. Marshal is directed to serve copies of the complaint, amended complaint with any attachments, and summonses for these Defendants withou t requiring prepayment of fees and costs or security. Service cannot be effected on Jane Doe because Mr. Williams has not yet identified this Defendants. Mr. Williams has 120 days from the date he filed his complaint to identify and serve this Defendant. The Court will address Mr. Williams's remaining claims in a separate Recommendation. Signed by Magistrate Judge Beth Deere on 10/7/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
DANNY R. WILLIAMS
V.

PLAINTIFF
CASE NO. 3:15-CV-165 DPM/BD

L. MORGAN, et al.

DEFENDANTS
ORDER

Danny R. Williams, an Arkansas Department of Correction inmate formerly
housed at the Craighead County Jail (“County Jail”), filed this lawsuit without the help of
a lawyer under 42 U.S.C. § 1983. (Docket entry #1) Because Mr. Williams’s original
complaint was deficient, the Court instructed him to file an amended complaint. (#12)
Mr. Williams has now filed his amended complaint. (#17)
In his amended complaint, Mr. Williams claims that Defendants violated his
constitutional rights while he was housed at the County Jail. Based on the allegations in
his amended complaint, Mr. Williams has stated excessive-force claims against
Defendants Morgan, Ballard, and Hall; a deliberate-indifference claim against the Doe
Defendant; and retaliatory-transfer claims against Defendants Duncan and Hall.
Therefore, service is proper for Defendants Morgan, Ballard, Duncan, and Hall.
The Clerk of Court is directed to prepare summonses for Defendants Morgan,
Ballard, Duncan and Hall. The United States Marshal is directed to serve copies of the
complaint and the amended complaint, with any attachments (docket entries #1, #17), and
summonses for these Defendants without requiring prepayment of fees and costs or

security. Service for these Defendants should be through the Craighead County Jail, 901
Willett Road, Jonesboro, Arkansas 72401.
Service cannot be effected on Jane Doe because Mr. Williams has not yet
identified this Defendant. Mr. Williams has 120 days from the date he filed his complaint
to identify and serve this Defendant. (#2) If the Doe Defendant is not served within that
time, claims against her can be dismissed.
The Court will address Mr. Williams’s remaining claims in a separate
Recommendation.
IT IS SO ORDERED, this 7th day of October, 2015.

___________________________________
UNITED STATES MAGISTRATE JUDGE

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