Collins et al v. Craighead County Detention Facility

Filing 2

ORDER directing Plaintiffs to submit either completed applications or their shares of the statutory filing fee within 30 days of the order's entry. If Plaintiffs wish to amend their complaint, they may complete the new complaint form in its enti rety in accordance with this order, mark it as "Amended Complaint," and file it within 30 days of the date of this order's entry. Plaintiffs' complaint, as it now stands, is deficient and their claims may be dismissed after that time has elapsed. Signed by Magistrate Judge Joe J. Volpe on 2/8/2016. (lej)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
JARKEVIOUS COLLINS;, et al.
v.

PLAINTIFFS
3:16CV00039-DPM-JJV

CRAIGHEAD COUNTY DETENTION CENTER

DEFENDANTS

ORDER
This action is brought by four Plaintiffs - Jarkevious Collins, Davanta Iverson, Kerry
Kendred, and Lakhraj Manohar. (Doc. No. 1.) None have filed an Application to Proceed Without
Prepayment of Fees and Affidavit (“Application”) or paid the filing fee, however. Additionally, the
Plaintiffs’ Complaint is deficient and they will be afforded an opportunity to amend.
Under the Prison Litigation Reform Act (“PLRA”), a prisoner who is permitted to file a civil
action in forma pauperis still must pay the full statutory filing fee of $350. 28 U.S.C. § 1915(b)(1).
The only question is whether a prisoner will pay the entire filing fee at the initiation of the
proceeding or in installments over a period of time. Ashley v. Dilworth, 147 F.3d 715, 716 (8th Cir.
1998). Even if a prisoner is without assets and unable to pay an initial filing fee, he will be allowed
to proceed with his § 1983 claims, and the filing fee will be collected by the Court in installments
from the prisoner’s inmate trust account. 28 U.S.C. § 1915(b)(4). If the prisoner’s case is
subsequently dismissed for any reason, including a determination that it is frivolous, malicious,
fails to state a claim, or seeks monetary relief against a defendant who is immune from such
relief, the full amount of the $350 filing fee will be collected, and no portion of this filing fee
will be refunded to the prisoner.
For this action to proceed jointly on an in forma pauperis basis, each Plaintiff must each
submit a completed Application to Proceed Without Prepayment of Fees and Affidavit. The
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Clerk of Court shall send Applications to each of the four Plaintiffs. They should return those
completed forms within thirty (30) days of the date of this Order. Failure to do so will result in the
dismissal of their claims without prejudice. Alternatively, each may submit his share of the statutory
filing fee.
Plaintiffs’ Complaint is also deficient. First, they have named only the Craighead County
Detention Center as a defendant. It is settled law that departments of local government are not
suable entities under section 1983. Ketchum v. City of West Memphis, Ark., 974 F.2d 81, 82 (8th
Cir. 1992). Additionally, their statement of claim fails to explain how each of their rights were
violated. The Complaint refers only to a single, unspecified individual who was allegedly denied
the use of a telephone at the detention center. (Doc. No. 1 at 3.)
Plaintiffs will be given an opportunity to amend their Complaint. They should: 1) name all
the parties they believe deprived them of their constitutional rights and whom they wish to sue; 2)
provide specific facts against each named defendant in a simple, concise, and direct manner,
including dates, times, and places, if applicable; 3) indicate whether they are suing each defendant
in his/her individual or official capacity, or in both capacities; 4) how they were harmed; and 5) state
whether they were incarcerated at the time as pretrial detainees. Plaintiffs are cautioned that an
Amended Complaint renders their previous Complaint without legal effect. Only claims properly
set out in the Amended Complaint will be allowed to proceed. If Plaintiffs elect to amend, they
should submit their Amended Complaint within thirty (30) days of the date of this Order. Finally,
they are reminded to have an Amended Complaint signed by all Plaintiffs. See Fed. R. Civ. P.
11(a).
IT IS, THEREFORE, ORDERED that:
1.

The Clerk of Court shall send Applications to Proceed Without Prepayment of Fees
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and Affidavit and calculation sheets to each Plaintiff. Plaintiffs must submit either completed
applications or their shares of the statutory filing fee within thirty (30) days of this Order’s entry.
2.

The Clerk of Court shall also include a section 1983 complaint form with this Order.

If Plaintiffs wish to amend their Complaint, they may complete the new complaint form in its
entirety in accordance with this Order, mark it as “Amended Complaint,” and file it within thirty (30)
days of the date of this Order’s entry. Plaintiffs’ Complaint, as it now stands, is deficient and their
claims may be dismissed after that time has elapsed.
DATED this 8th day of February, 2016.

____________________________________
JOE J. VOLPE
UNITED STATES MAGISTRATE JUDGE

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