Miller v. Cox
ORDER directing the Clerk to prepare a summons for Defendant Cox. The U.S. Marshal is directed to serve a copy of the #2 Complaint, the #5 Amended Complaint, and a summons for Defendants Cox without requiring prepayment of fees and costs or security. Signed by Magistrate Judge Beth Deere on 10/10/2019. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CASE NO. 3:19-CV-260-KGB-BD
Christopher Miller, an inmate at the Poinsett County Detention Center, filed this
civil rights lawsuit without the help of a lawyer under 42 U.S.C. § 1983. (Docket entry
#2) He claims that Defendant Cox failed to provide him adequate medical treatment. Mr.
Miller has stated a constitutional claim against Defendant Cox in her individual capacity,
although he sued her in her official capacity only. Accordingly, the Court provided Mr.
Miller an opportunity to file an amended complaint to clarify in what capacity he is suing
Defendant Cox. (#4) Mr. Miller has now filed his amended complaint. (#5) Although Mr.
Miller does not explicitly state in his amended complaint that he is suing Defendant Cox
in her individual capacity, Mr. Miller clearly intends to sue Defendant Cox in her
individual capacity. Accordingly, service is now proper for Defendant Cox.
The Clerk of Court is directed to prepare a summons for Defendant Cox. The
United States Marshal is directed to serve a copy of the complaint (#2), the amended
complaint (#5), and a summons for Defendant Cox without requiring prepayment of fees
and costs or security. Service for Defendant Cox should be through the Poinsett County
Detention Center, 1500 Justice Drive, Harrisburg, Arkansas 72432.
IT IS SO ORDERED, this 10th day of October, 2019.
UNITED STATES MAGISTRATE JUDGE
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