Garrett v. Shourd et al

Filing 5

ORDER granting 4 Application to proceed in forma pauperis. Defendants Sharon Van Compernolle and John Van Compernolle are dismissed without prejudice; Defendants Cole, Foster, Hickerson Smith, and Taylor are dismissed without prejudice for failure to state a claim. Garrett must file a supplement clarifying which individual detained her by 10/12/2017. Signed by Judge D. P. Marshall Jr. on 9/12/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVIVSION
DANA LYNN GARRETT

v.

PLAINTIFF

No. 4:17-cv-306-DPM

RICKY SHOURD, Sheriff, White County
Sheriff Office; PAUL HOFSTEAD, Deputy,
White County Sheriff Office; RICKY SMITH,
Administrator, Department of Human Services;
FELICIA HICKERSON, Case Worker, Department
of Family Protective Services; MONICA COLE,
Supervisor, Department of Family Protective
Services; RONNIE FOSTER, Captain, Anderson
County Sheriff Office; GARY TAYLOR, Sheriff,
Anderson County Sheriff Office; SHARON VAN
COMPERNOLLE, Great Grandparent of Child; and
JOHN VAN COMPERNOLLE, Great Grandparent
of Child
DEFENDANTS
ORDER
1. Application to proceed in forma pauperis, NQ4, granted. Garrett
has little income, no assets, and several substantial debts. She can't
afford to pay the filing fee or service fees in this case.
2. The Court must screen Garrett's complaint. NQ 2; 28 U.S.C.
§ 1915(e)(2)(B); 28 U.S.C. § 1915A. Defendants Sharon and John Van

Compernolle aren't state actors and therefore can't be sued in this
§ 1983 case. Carlson v. Roetzel & Andress, 552 F.3d 648, 650 (8th Cir.

2008). Garrett's claims against them are therefore dismissed without
prejudice. Garrett also lists Cole, Foster, Hickerson Smith, and Taylor
as defendants; but she doesn't say what any of them did to violate her
constitutional rights.

NQ 2.

These claims are dismissed without

prejudice for failure to state a claim. Ashcroft v. Iqbal, 556 U.S. 662, 676
(2009); Bell Atl. Corp. v. Twombly, 550 U.S. 544, 55 (2007).

3. It's unclear from Garrett's complaint whether she's alleging she
was unlawfully detained by Shourd, Hofstead, or both. Garret must
file a supplement clarifying this point by 12 October 2017.

If she

doesn't, then her complaint will be dismissed without prejudice.
LOCAL RULE

5.5(c)(2).

So Ordered.
//

D.P. Marshall Jr.
United States District Judge

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