Brooks v. Rorex et al

Filing 4

ORDER directing Brooks to file an Amended Complaint on or before 5/29/2017 containing the information specified in this Order. If Brooks does not 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 4/28/2017. (jak)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION JEREMIE M. BROOKS, ADC #660149 V. PLAINTIFF 3:17CV00085 JLH/JTR STEVE ROREX, Jail Administrator, Poinsett County Detention Center, et al. DEFENDANTS ORDER Plaintiff, Jeremie M. Brooks ("Brooks"), is a pretrial detainee at the Poinsett County Detention Center ("PCDC"). He has filed a pro se § 1983 Complaint alleging that Defendants violated his constitutional rights. Doc. 2. Before Brooks may proceed with this action, the Court must screen his claims.1 Brooks alleges that Defendants Jail Administrator Rorex ("Rorex"), Captain Hitts ("Hitts"), Assistant Jail Administrator Muse ("Muse"), and former Sheriff Mills 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. § 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). -1- ("Mills") subjected him, and other PCDC detainees, to unconstitutional conditions of confinement by failing to: (1) remove live wires; (2) clear clogged drains and air vents; (3) change rusted pad locks; (4) install T.B. lights; (5) provide sufficient hot water; (6) clean moldy showers; and (7) fix a malfunctioning heater. Doc. 2. The Court needs further information about these allegations to complete § 1915A screening. Thus, Brooks must file an Amended Compliant clarifying: (1) how long he personally endured each alleged constitutional violation;2 (2) how he was personally harmed by each alleged constitutional violation; (3) whether he was given cleaning supplies; (4) whether Mills was the Sheriff while Brooks was in the PCDC, and if so, how Mills personally participated in the alleged constitutional violation; and (5) how Rorex, Hitts, and Muse each personally participated in the alleged constitutional violations. IT IS THEREFORE ORDERED THAT: 1. Brooks must file, on or before May 29, 2017, an Amended Complaint containing the specified information. 2. If Brooks does not timely and properly do so, this case will be dismissed, 2 Brooks does not have standing to bring § 1983 claims for constitutional violations suffered by other PCDC detainees. See Sabers v. Delano, 100 F.3d 82, 83 (8th Cir. 1996); Johnson v. State of Mo., 142 F.3d 1087, 1088-91 (8th Cir. 1998). -2- without prejudice, pursuant to Local Rule 5.5(c)(2). Dated this 28th day of April, 2017. UNITED STATES MAGISTRATE JUDGE -3-

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