Wallace v. Coleman et al
Filing
8
ORDER directing the Clerk of Court to prepare a summons for Xavier Sutton; directing the U.S. Marshal to serve Defendant with a summons and a copy of 2 complaint and 7 amended complaint (with any attachments), without requiring prepayment of fees and costs or security; and instructing the Clerk to terminate Chief of Security Jimmy Coleman, Warden Gary Musselwhite, and Deputy Warden Robert Pierce as party Defendants. The Court will issue service for Defendant Chambers/Carter by separate Order. Signed by Magistrate Judge Edie R. Ervin on 10/28/2024. (llg)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
MALIK A. WALLACE
ADC #180775
V.
PLAINTIFF
NO. 4:24-cv-00795-KGB-ERE
JIMMY COLEMAN, et al.
DEFENDANTS
ORDER
Pro se plaintiff Malik A. Wallace, an Arkansas Division of Correction inmate,
filed this lawsuit under 42 U.S.C. § 1983. Docs. 2, 7. On October 24, 2024, Mr.
Wallace filed an amended complaint in which he alleges that: (1) on July 16, 2024,
after Corporal Sutton allowed inmate Z. Hawkins to enter his barracks, inmate
Hawkins attacked him with a padlock, then stabbed him six times with a prison
blade; and (2) following the incident, Nurse Kimberly Chambers/Carter failed to
provide him adequate medical treatment. In his original complaint, Mr. Wallace
named Chief of Security Jimmy Coleman, Corporal Xavier Sutton, Warden Gary
Musselwhite, and Deputy Warden Robert Pierce as Defendants. However, in his
amended complaint, Mr. Wallace names only Corporal Sutton and Nurse
Chambers/Carter as Defendants. As a result, Mr. Wallace has abandoned his claims
against Chief of Security Jimmy Coleman, Warden Gary Musselwhite, and Deputy
Warden Robert Pierce. Doc. 6 at 3; In re Atlas Lines, Inc., 209 F.3d 1064, 1067 (8th
Cir. 2000) (an amended complaint supersedes an original complaint and renders the
original complaint without legal effect).
For screening purposes, Mr. Wallace has stated: (1) a failure to protect claim
against Defendant Sutton; and (2) a medical deliberate indifference claim against
Defendant Chambers/Carter.1 Service for those claims is now proper.
IT IS THEREFORE ORDERED THAT:
1.
The Clerk of Court is directed to prepare a summons for Xavier Sutton.
2.
The United States Marshal is directed to serve Defendant with a
summons and a copy of the complaint and the amended complaint (with any
attachments) (Docs. 2, 7), without requiring prepayment of fees and costs or security.
Service for Defendant Sutton should be attempted through the ADC Compliance
Division, P.O. Box 20550, Pine Bluff, Arkansas 71612.
3.
The Court will issue service for Defendant Chambers/Carter by separate
Order.
1
Screening is mandated by the Prison Litigation Reform Act, which requires federal
courts to screen prisoner complaints seeking relief against a governmental entity, officer,
or employee. 28 U.S.C. § 1915A(a). The Court must dismiss a complaint or a portion
thereof if the prisoner has raised claims that: (a) are legally frivolous or malicious; (b) fail
to state a claim upon which relief may be granted; or (c) seek monetary relief from a
defendant who is immune from such relief. 28 U.S.C. § 1915A(b). When making this
determination, the Court must accept the truth of the factual allegations contained in the
complaint, and it may consider the documents attached to the complaint. Ashcroft v. Iqbal,
556 U.S. 662, 678 (2009); Reynolds v. Dormire, 636 F.3d 976, 979 (8th Cir. 2011).
2
4.
The Clerk is instructed to terminate Chief of Security Jimmy Coleman,
Warden Gary Musselwhite, and Deputy Warden Robert Pierce as party Defendants.
SO ORDERED 28 October 2024.
____________________________________
UNITED STATES MAGISTRATE JUDGE
3
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