Parker v. Cagle et al

Filing 5

ORDER directing Plaintiff to file an Amended Complaint within thirty days of the date of this Order. Failure to comply with this Order could result in the dismissal of this lawsuit, without prejudice. Signed by Magistrate Judge Beth Deere on 11/23/2015. (jak)

Download PDF
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION WILLIAM PARKER, ADC #161460 V. PLAINTIFF CASE NO. 3:15-CV-365 SWW/BD BLAINE CAGLE, et al. DEFENDANTS ORDER William Parker, an inmate at the Greene County Detention Facility (“Detention Facility”), filed this lawsuit pro se under 42 U.S.C. § 1983. (Docket entry #2) Mr. Parker makes a variety of constitutional claims in his complaint. Mr. Parker alleges that he has been denied adequate nutrition while he has been housed at the Detention Facility; that he has not been allowed out of his cell for long periods of time; that Detention Facility employees have tampered with his mail; and that Defendants have used excessive force against him on multiple occasions. Mr. Parker may not include multiple, unrelated incidents in this one lawsuit. He must file an amended complaint that includes claims arising from one incident. For example, Mr. Parker may choose to proceed on his claim that Defendant Cagle used excessive force against him on October 22, 2015, or that Defendant Croker used excessive force against him on another occasion, but he cannot proceed on both claims. Furthermore, Mr. Parker identifies the Detention Facility as a Defendant, but the Detention Facility is not considered a “person” that can be sued under § 1983. See La Garza v. Kandiyohi County Jail, 18 Fed. Appx. 436 (8th Cir. 2001) (unpub. table op.) (affirming dismissal of county jail on grounds that a jail is not an entity subject to suit under § 1983). Mr. Parker has thirty days to file an amended complaint. Failure to comply with this order could result in the dismissal of this lawsuit, without prejudice. Local Rule 5.5. IT IS SO ORDERED, this 23rd day of November, 2015. ___________________________________ UNITED STATES MAGISTRATE JUDGE 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?