Jennings v. Barbee et al

Filing 15

ORDER: Jennings hasn't submitted an amended complaint with specifics about his inadequate medical care claim against Barbee, Huff, Bangs, and Sanders; and the time to do so has passed. That claim is therefore dismissed without prejudice for fai lure to state a claim. Further, Judge McGowan enjoys absolute immunity for actions taken in her role as a judge. Jennings's claim against her is therefore dismissed with prejudice for failure to state a claim. The Court returns this case to the Magistrate Judge for further proceedings on Jennings's excessive force claim against Banks and Sanders. Signed by Judge D. P. Marshall Jr. on 5/16/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
JHAKOBY JENNINGS
ADC #135085
v.

PLAINTIFF

No. 4:17-cv-95-DPM-JTK

HAROLD BARBEE, Jailer, Pulaski
County Jail; HUFF, Jailer, Pulaski
County Jail; BANGS, Jailer, Pulaski
County Jail; SANDERS, Female Jailer,
Pulaski County Jail; and
MARYS. MCGOWAN, Honorable

DEFENDANTS

ORDER
1. Some mail to Jennings has been returned undelivered.

N Q 8-9

& 13-14. But a copy of the Court's 22 March 2017 Order was mailed to

Jennings's updated address; and there's no indication it has been returned.
2. The Court must screen Jennings's complaint. 28 U.S.C. § 1915A.

Jennings hasn't submitted an amended complaint with specifics about his
inadequate medical care claim against Barbee, Huff, Bangs, and Sanders; and
the time to do so has passed. NQ 12. That claim is therefore dismissed without
prejudice for failure to state a claim.

Further, Judge McGowan enjoys

absolute immunity for actions taken in her role as a judge. Robinson v. Freeze,

15 F.3d 107, 108 (8th Cir. ·1994). Jennings's claim against her is therefore
dismissed with prejudice for failure to state a claim.
3. The 22 March 2017 Order requesting more details did not address
excessive force. Though Jennings's complaint is thin, it states an excessive
force claim against Bangs and Sanders sufficient to pass screening. Ng 1 at 3
& 5. The Court therefore returns this case to the Magistrate Judge for further

proceedings on Jennings's excessive force claim against Bangs and Sanders.
So Ordered.

(/

D.P. Marshall Jr.
United States District Judge