Pierce v. Rorax et al
ORDER directing Pierce to file on or before 12/1/2017 a Second 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
JASON LLOYD PIERCE
STEVE RORAX, Administrator,
Poinsett County Detention Center, et al.
Jason Lloyd Pierce ("Pierce") is confined in the Poinsett County Detention
Center ("PCDC"). He has filed a pro se ' 1983 Complaint and an Amended
Complaint alleging that Defendants violated his constitutional rights.
Before Pierce may proceed with this case, the Court must screen his
Complaints.1 Pierce alleges that: (1) on September 23, 2017, Defendant Becky Hitt
("Hitt") denied him adequate medical care for a head injury; (2) on September 26,
2017, Hitt instructed Pierce's cellmate to beat him; and (3) unspecified individuals
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).
denied him any medical care for the injuries he suffered after being beaten by his
cellmate. Docs. 1 & 3.
The Court needs additional information from Pierce to complete § 1915A
screening. Therefore, Pierce must file, within thirty days, a Second Amended
Complaint clarifying: (1) how he was harmed by the one hour delay in being taken
to the emergency room on September 23, 2017; (2) how he was injured during the
September 26, 2017 fight, medical care was needed for those injuries, and how he
was harmed by not receiving that medical care; (3) how Defendants Administrator
Steve Rorax and Nurse Susan Cox each personally participated in each
constitutional violation; (4) whether he was a pretrial detainee or a convicted
prisoner at the time of each alleged constitutional violations; (5) why he has sued
Defendants in their official capacities; and (6) whether he would like to also sue
Defendants in their individual capacities.
IT IS THEREFORE ORDERED THAT Pierce must file, on or before
December 1, 2017, a Second 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
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