Williams v. Cook et al
ORDER directing Whitfield to file on or before 6/12/2017 an Amended Complaint containing the information specified in this Order. If he fails to timely and properly do so, this case will be dismissed, without prejudice, pursuant to Local Rule 5.5 (c)(2). Signed by Magistrate Judge J. Thomas Ray on 5/12/2017. (jak)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
RANDY WILLIAMS, JR.
DELL COOOK, Sheriff; and
LUTHER WHITFIELD, Lieutenant,
Mississippi County Detention Center
Plaintiff Randy Williams, Jr. ("Williams") is a pretrial detainee at the
Mississippi County Detention Center. He has filed this pro se § 1983 action
alleging that Defendants violated his constitutional rights.
Williams may proceed, the Court must screen his Complaint.1
Williams alleges that Defendants Sheriff Dell Cook ("Cook") and Lieutenant
Luther Whitfield ("Whitfield") have violated his constitutional rights by forcing him
to live in unsanitary conditions that are causing him to develop boils. The Court
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. ' 1915A(a). The
Court must dismiss a complaint or a portion thereof if the prisoner has raised claims that: (a) are
legally frivolous or malicious; (b) fail to state a claim upon which relief may be granted; or (c)
seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. ' 1915A(b).
When making this determination, a court must accept the truth of the factual allegations contained
in the complaint, and it may consider the documents attached to the complaint. Ashcroft v. Iqbal,
556 U.S. 662, 678 (2009); Reynolds v. Dormire, 636 F.3d 976, 979 (8th Cir. 2011).
needs further information to complete § 1915A screening.
Thus, Williams must file, within thirty days of the entry of this Order, an
Amended Complaint explaining: (1) how often he receives cleaning products; (2)
how the allegedly moldy conditions are causing him to develop boils; (3) if he has
sought and obtained any medical care for his boils; (4) how Cook and Whitfield each
personally participated in the alleged constitutional violation; and (5) why he has
sued Cook and Whitfield in both their individual and official capacities.
IT IS THEREFORE ORDERED THAT Whitfield must file, on or before
June 12, 2017, an Amended Complaint containing the information specified in this
Order. If he fails to timely and properly do so, this case will be dismissed, without
prejudice, pursuant to Local Rule 5.5(c)(2).
Dated this 12th day of May, 2017.
UNITED STATES MAGISTRATE JUDGE
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