Dillard v. Carter et al

Filing 16

ORDER directing the Clerk to prepare summonses for Defendants Bagwell and Huggins. The U.S. Marshal is directed to serve a copy of 2 Complaint, 7 Amended Complaint, 14 Second Amended Complaint, as well as summonses for these Defendants. 15 Motion is denied as moot. Signed by Magistrate Judge Beth Deere on 5/30/2018. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
JAMES WESLEY DILLARD,
ADC #116862
V.

PLAINTIFF

CASE NO. 3:18-CV-47-JM-BD

DAVID CARTER, et al.

DEFENDANTS
ORDER

Mr. Dillard, an Arkansas Department of Correction inmate, filed this lawsuit
claiming that the Defendants violated his constitutional rights while he was detained at
the Greene County Detention Center (“Detention Center”). (Docket entry #2) Because
Mr. Dillard included multiple, unrelated claims, however, he was required to file an
amended complaint that included only related claims. (#6)
Mr. Dillard then filed an amended complaint claiming that Defendants denied him
constitutionally adequate medical care. (#7) However, he failed to identify the
Defendants who denied him proper treatment. As a result, the Court provided Mr. Dillard
an opportunity to identify the individuals who were responsible for providing his medical
care and explain what injuries he sustained as a result of their conduct.
Mr. Dillard has now filed a second amended complaint identifying Dr./APN
Bagwell and APN/LPN Huggins as Defendants. Accordingly, service is now proper for
those Defendants.
The Clerk is instructed to prepare summonses for Defendants Bagwell and
Huggins. The United States Marshal is directed to serve a copy of Mr. Dillard’s original,

amended, and second amended complaints (#2, #7, #14), as well summonses for these
Defendants, without prepayment of fees and costs or security. Service for the Defendants
should be through Greene County Detention Center, 1809 North Rocking Chair Road,
Paragould, Arkansas 72450.
Mr. Dillard’s claims against the other named Defendants will be addressed in a
separate recommendation.
In addition, Mr. Dillard has filed a pleading inquiring about the status of this
lawsuit and asking the Court whether the Defendants have been served. (#15) This
service order should answer Mr. Dillard’s question. The motion (#15) is denied, as moot.
IT IS SO ORDERED, this 30th day of May, 2018.

_____________________________________
UNITED STATES MAGISTRATE JUDGE

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