Addison v. Muse

Filing 13

ORDER directing the Clerk to file Plaintiff's Addendum, 5 , as his Amended Complaint and to prepare a summons for Defendants Mills and Nouder. The U.S. Marshal is directed to serve the summons, Complaint, Amended Complaint, and this Order on th em without prepayment of fees and costs or security therefor. If either Defendant is no longer a Poinsett County employee, the individual responding to service must file a sealed statement providing the unserved Defendant's last known private mailing address. Signed by Magistrate Judge J. Thomas Ray on 11/9/2015. (jak)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION

NICHOLS CORTEZ ADDISON
V.

PLAINTIFF

3:15CV00312 DPM/JTR

KIM MUSE, Secretary,
Poinsett County Detention Center

DEFENDANT

ORDER
Plaintiff has filed an "Addendum," which is more properly characterized as an
Amended Complaint. Doc. 5. In that pleading, Plaintiff alleges that Sheriff Larry
Mills, Chief Deputy Kevin Nouder, and Administrator Tristain Marshall are failing
to protect him from being harmed by other inmates. Id. The Court concludes, for
screening purposes only, that Plaintiff has pled viable § 1983 claims against these
three Defendants , and that those claims satisfy the imminent danger exception to the
three-strikes rule. See 28 U.S.C. §§ 1915(g) and 1915A. Because Plaintiff has
recently sought permission to dismiss his claims against Marshall, service will only
be ordered on Mills and Nouder.
IT IS THEREFORE ORDERED THAT the Clerk is directed to file Plaintiff's
Addendum (Doc. 5) as his Amended Complaint and to prepare a summons for
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Defendants Mills and Nouder. 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 Defendant is no longer a Poinsett County
employee, the individual responding to service must file a sealed statement providing
the unserved Defendant's last known private mailing address.
Dated this 9th day of November, 2015.

UNITED STATES MAGISTRATE JUDGE

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