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)

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

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