Pierce v. Marshall et al

Filing 3

ORDER directing Pierce to file on or before 12/1/2017 an Amended Complaint containing the information specified in this Order. Signed by Magistrate Judge J. Thomas Ray on 11/1/2017. (jak)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION

JASON LLOYD PIERCE
V.

PLAINTIFF
3:17CV00242 DPM/JTR

PATRICIA MARSHALL,
Poinsett County Sheriff's Office, et al.

DEFENDANTS

ORDER
Jason Lloyd Pierce ("Pierce") is confined in the Poinsett County Detention
Center. He has filed a pro se ' 1983 Complaint alleging that Defendants violated
his constitutional rights.
Before Pierce may proceed with this case, the Court must screen his
Complaint.1 Pierce alleges that Defendants: (1) failed to answer or process his
grievances; (2) refused to give him a new tray after he found a baby spider in his
food; and (3) denied him access to a law library or legal materials. Doc. 2.

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).
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The Court needs additional information from Pierce to complete § 1915A
screening. Thus, Pierce must file, within thirty days, an Amended Complaint
clarifying:

(1) how Defendants Marshall, Rorex, and Curry each personally

participated in each alleged constitutional violation; (2) how he was harmed by not
getting a new food tray; (3) how he was harmed by the denial legal materials or
access to a law library; (4) whether he was a pretrial detainee or a convicted prisoner
at the time of each alleged constitutional violation; and (5) whether he is suing the
Defendants in their individual and/or official capacities.
IT IS THEREFORE ORDERED THAT Pierce must file, on or before
December 1, 2017, an Amended Complaint containing the information specified in
this Order. If he does not timely and properly do so, this case will be dismissed,
without prejudice, pursuant to Local Rule 5.5(c)(2).
Dated this 1st day of November, 2017.
___________________________________
UNITED STATES MAGISTRATE JUDGE

2