Atwood v. Coleman et al

Filing 4

ORDER directing Plaintiff to file an Amended Complaint within thirty days of the entry of this Order. Plaintiff is reminded that if he fails to timely and properly do so, this case will be dismissed, without prejudice, pursuant to Local Rule 5.5(c)(2). Signed by Magistrate Judge J. Thomas Ray on 8/17/2015. (jak)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
MARVIN C. ATWOOD,
ADC #130932
V.

PLAINTIFF
3:15CV00216 JM/JTR

RONNIE COLEMAN,
Jail Administrator,
Crittenden County Jail, et al.

DEFENDANTS

ORDER
Plaintiff, Marvin C. Atwood, is a prisoner in the Crittenden County Jail. He
has filed a pro se § 1983 Complaint alleging that Defendants violated his
constitutional rights.
The Prison Litigation Reform Act requires federal courts to screen prisoner
complaints seeking relief against a governmental entity, officer, or employee. 28
U.S.C. § 1915A(a). The Court must dismiss a complaint or a portion thereof if the
prisoner has raised claims that: (a) are legally frivolous or malicious; (b) fail to state
a claim upon which relief may be granted; or (c) seek monetary relief from a
defendant who is immune from such relief. 28 U.S.C. § 1915A(b). When making this
determination, a court must accept the truth of the factual allegations contained in the
complaint, and it may consider the documents attached to the complaint. Ashcroft v.
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Iqbal, 556 U.S. 662, 678 (2009); Reynolds v. Dormire, 636 F.3d 976, 979 (8th Cir.
2011).
Plaintiff alleges that unnamed individuals at the Crittenden County Jail are
failing to provide him with any medical care for a hernia, a pulled muscle in his lower
back, a knot on his left leg, a pinched nerve in his right hand, arthritis in his left hand,
and unspecified prostate and bladder problems. Doc. 2. The Court needs further
information about these allegations to complete § 1915A screening.
Thus, Plaintiff must file, within thirty days of the entry of this Order, an
Amended Complaint clarifying: (1) the type of medical care he seeks for each of his
separate medical conditions; (2) how Defendants Coleman, Allen, Mandi Dickerson,
and Marni Dickerson each personally participated in the violation of his
constitutional rights; and (3) why he has named Defendants in both their individual
and official capacities.
IT IS THEREFORE ORDERED THAT:
1.

Plaintiff must, within thirty days of the entry of this Order, file an

Amended Complaint containing the specified information.
2.

Plaintiff is reminded that if he fails to timely and properly do so, this

case will be dismissed, without prejudice, pursuant to Local Rule 5.5(c)(2).

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Dated this 17 day of August, 2015.

UNITED STATES MAGISTRATE JUDGE

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