Monroe v. Arkansas, State of et al

Filing 7

ORDER directing the Clerk to redesignate this case as a 440 civil rights case. Monroe's 5 Motion to Proceed In Forma Pauperis is granted. Monroe is directed to file a second amended complaint by 7/5/2017. If Monroe does not clear up his allegations by then, the Court will dismiss his case without prejudice. Signed by Judge D. P. Marshall Jr. on 6/5/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
SETH MONROE

v.

PLAINTIFF
No. 3:17-cv-74-DPM

ARKANSAS, State of; DOES, Arresting
and Booking Officers, Craighead County Jail;
FRANK JEFF, Officer, Craighead County Sheriff's
Department; A VERY BURNETT, Officer, CCSD;
JAMES TEAGUE, Officer, CCSD; MIKE LAWRENCE,
Officer, CCSD; SEAN CALAVAY, Officer, CCSD;
and CASEY FOSTER, Officer, CCSD

DEFENDANTS

ORDER
1. This is designated as a 550 case- one filed by a prisoner about
something besides his conditions of confinement. But Momoe is a patient at
the Arkansas State Hospital, not a prisoner. Monroe v . Brusseux, 4:17-cv-98JLH-BD, Ng 4. The Court therefore directs the Clerk to redesignate this case
as a 440 civil rights case.
2. Momoe can't afford the filing fee; and he is not subject to the PLRA' s
payment requirements. Kolocotronis v . Morgan, 247 F.3d 726, 728 (8th Cir.
2001). His motion for leave to proceed in forma pauperis, Ng 5, is therefore
granted.

3. Because Monroe is proceeding in forma pauperis, the Court may
dismiss his complaint at any time if it is frivolous, malicious, or fails to state
a claim. 28 U.S.C. § 1915(e)(2)(B). Monroe says officers used excessive force
against him. Ng 1 & 6. And his amended complaint lists several Craighead
County Sheriff's Department Officers as new defendants. Construed liberally,
though, Monroe's complaint and amended complaint don't connect the
named defendants to the alleged wrongdoing. Monroe's description of the
alleged excessive force doesn't name any of the defendants; so it remains
unclear how and when each defendant allegedly violated his rights. Ng 1 & 6.
Monroe must file a second amended complaint that explains who did what.
Second amended complaint due by 5 July 2017. If Monroe does not
clear up his allegations by then, the Court will dismiss his case without
prejudice. LOCAL RULE 5.5(c)(2).
So Ordered.

l/

D.P. Marshall Jr.
United States District Judge

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