Hamilton v. Mills et al

Filing 9

ORDER finding that service is appropriate for the Defendant David Boykin. The Clerk of the Court is directed to correct Defendant's name on the docket. The Clerk shall prepare summons for Boykin and the U.S. Marshal is directed to serve a copy o f the 6 Amended Complaint and 7 Motion to Amend and summons on Defendant Boykin without prepayment of fees and costs or security therefore. The Clerk is directed to identify docket entry 6 as an Amended Complaint. Plaintiff's 7 Motion to Amend is granted in part, with respect to correcting the name of Defendant Boykin, and denied as to Plaintiff's request to add Kim Muse as a defendant. Plaintiff's allegations that she gave him the wrong name to the lawsuit does not state a constitutional claim for relief. Signed by Magistrate Judge Jerome T. Kearney on 12/14/2016. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
HOUSTON CLAY HAMILTON
v.

PLAINTIFF
3:16CV00328-DPM-JTK

LARRY MILLS, et al.

DEFENDANTS
ORDER

Plaintiff has submitted an Amended Complaint (Doc. No. 6) pursuant to the Court’s
November 16, 2016 Order (Doc. No. 4). He also submitted a Motion to Amend (Motion to Update),
in which the Defendant previously identified as Bo Hickey is identified as David Boykin, and in
which he asks to add Kim Muse as a Defendant (Doc. No. 7). Having reviewed the Amended
Complaint and the Motion to Amend for screening purposes only,1 it now appears to the Court that
service is appropriate with respect to Plaintiff’s excessive force claim against Defendant David
Boykin (previously identified as Bo Hickey). Accordingly,
IT IS, THEREFORE, ORDERED that:
1.

Service is appropriate for the Defendant David Boykin. The Clerk of the Court is

directed to correct Defendant’s name on the docket. The Clerk shall prepare summons for the
Defendant David Boykin and the United States Marshal is hereby directed to serve a copy of the
Amended Complaint and Motion to Amend (Doc. Nos. 6, 7) and summons on Defendant Boykin
without prepayment of fees and costs or security therefore.
2.

The Clerk is directed to identify docket entry #6 as an Amended Complaint.

3.

Plaintiff’s Motion to Amend (Doc. No. 7) is GRANTED in part, with respect to

1

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. Sect. 1915A(a).
1

correcting the name of Defendant Boykin, and DENIED as to Plaintiff’s request to add Kim Muse
as a Defendant (Doc. No. 7). Plaintiff’s allegation that she gave him the wrong name to the lawsuit
does not state a constitutional claim for relief.
IT IS SO ORDERED this 14th day of December, 2016.

__________________________________
JEROME T. KEARNEY
UNITED STATES MAGISTRATE JUDGE

2