Jackson v. Miller et al

Filing 15

ORDER allowing Jackson to file an amended complaint to fully describe his claims. In the event Jackson fails to file an amended complaint conforming to this Order within 30 days, this case may be dismissed. The Clerk of Court is directed to send Jackson a blank 1983 form. Signed by Magistrate Judge Patricia S. Harris on 2/14/2020. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION

STEVEN HAROLD JACKSON
ADC #116602
v.

PLAINTIFF

No: 3:19-cv-00324 KGB-PSH

TERRY MILLER, et al.

DEFENDANTS
ORDER

Plaintiff Steven Harold Jackson filed a pro se complaint pursuant to 42 U.S.C.
§ 1983 on November 14, 2019, while incarcerated at the Greene County Detention
Center (Doc. No. 2). Jackson was subsequently moved to the Arkansas Department
of Correction’s Barbara Ester Unit. See Doc. No. 8. Jackson’s application to
proceed in forma pauperis was granted, and he was ordered to file an amended
complaint. Doc. No. 12. Jackson originally named two defendants: the Clay County
Detention Center and Clay County Sheriff Terry Miller. Doc. No. 2. In its Order
directing Jackson to file an amended complaint, the Court explained that a detention
center is not a suable entity, and instructed Jackson to describe how Sheriff Miller
was personally involved in the violation of his rights. Doc. No. 12.
Jackson has filed an amended complaint which names Sheriff Miller and two
jailors as defendants. While he describes some actions of the two jailers, Mike and
Jarred, he does not adequately explain how they violated his rights. Doc. No. 13.

Jackson says that he became sick due to sewage in his cell and that he asked the
jailers to go to the doctor. He then says he went to the hospital, but it is not clear
what he alleges happened there or afterwards. It is not clear whether he received
medical treatment or not, or how the jailers or Sheriff Miller were personally
involved in what happened to him.
Jackson will be allowed another opportunity to amend his complaint to fully
describe his claims. Jackson is cautioned that an amended complaint renders his
original complaint without legal effect; only claims properly set out in the amended
complaint will be allowed to proceed. In the event Jackson fails to file an amended
complaint conforming to this order within thirty days, this case may be dismissed.
The Clerk of Court is directed to send Jackson a blank § 1983 form.
IT IS SO ORDERED this 14th day of February, 2020.

UNITED STATES MAGISTRATE JUDGE