Dillard v. Meinzer et al

Filing 11

ORDER directing the U.S. Marshal to serve summons, Amended Complaint 10 , and this Order on defts without prepayment of fees and costs. Signed by Magistrate Judge H. David Young on 8/2/12. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION JOHN WAYNE DILLARD ADC #147484 V. PLAINTIFF NO: 5:12CV00270 SWW/HDY CURTIS MEINZER et al. DEFENDANTS ORDER Plaintiff John Wayne Dillard is a prisoner in the Varner Super Max Unit (“VSM”) of the Arkansas Department of Correction (“ADC”). In late June of 2012, he and eight other prisoners jointly filed a pro se § 1983 complaint and an amended complaint challenging the constitutionality of the VSM incentive level program and alleging that Defendants violated their constitutional rights in other ways. See Reid v. Meizner; 5:12CV00230 KGB/BD (docket entries #1 and #10). On July 18, 2012, the Court granted several of the Plaintiffs, including Dillard, permission to proceed in forma pauperis, and directed the ADC to collect monthly payments from each of their inmate trust accounts. See Reid (docket entry #30). On the same day, the Court determined that the Plaintiffs’ claims were legally and factually different. See Reid (docket entry #33). Thus, the Court severed each of Plaintiffs’ claims into separate lawsuits, including this current lawsuit in which Dillard is the only Plaintiff. On July 25, 2012, Dillard was directed to file a substituted complaint which set forth a brief statement as to how he believes his constitutional rights were violated, and how each Defendant personally participated. Dillard filed the substituted complaint on August 1, 2012 (docket entry #10). Liberally construing Dillard’s substituted complaint, he has stated a claim that Defendants violated his constitutional rights by subjecting him to unconstitutional conditions of confinement. 1 Accordingly, service is appropriate, and the United States Marshal is directed to serve a copy of the substituted complaint (docket entry #10), this order, and summons, upon them, without prepayment of fees and costs or security therefor. IT IS SO ORDERED this 2 day of August, 2012. UNITED STATES MAGISTRATE JUDGE 2

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