Doering v. Tate et al

Filing 3

ORDER directing the Plaintiff to file within 30 days an Amended Complaint containing the information specified herein. Plaintiff is reminded that failure to timely and properly comply with any portion of this Order will result in the dismissal of this case, without prejudice pursuant to Local Rule 5.5(c)(2). Signed by Magistrate Judge J. Thomas Ray on 05/31/2013. (kcs)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION

ALAN L. DOERING
ADC #106115
V.

PLAINTIFF
5:13CV00147 JLH/JTR

TATE, Captain, Cummins Unit,
Arkansas Department of Correction, et al.

DEFENDANTS

ORDER
Plaintiff, Alan L. Doering, is a prisoner in the Cummins Unit of the Arkansas
Department of Correction. He has filed a pro se1 § 1983 Complaint alleging that
Defendants violated his constitutional rights.
The Prison Litigation Reform Act requires federal courts to screen prisoner
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Plaintiff is notified of his responsibility to comply with Local Rule 5.5(c)(2),
which states: "It is the duty of any party not represented by counsel to promptly notify
the Clerk and the other parties to the proceedings of any change in his or her address,
to monitor the progress of the case, and to prosecute or defend the action diligently.
A party appearing for himself/herself shall sign his/her pleadings and state his/her
address, zip code, and telephone number. If any communication from the Court to a
pro se plaintiff is not responded to within thirty (30) days, the case may be dismissed
without prejudice. Any party proceeding pro se shall be expected to be familiar with
and follow the Federal Rules of Civil Procedure.”
Plaintiff is further notified of 28 U.S.C. § 1915(g), which provides that a
prisoner may not proceed with a civil suit in forma pauperis “if the prisoner has, on
3 or more prior occasions, while incarcerated or detained in any facility, brought an
action or appeal in a court of the United States that was dismissed on the grounds that
it is frivolous, malicious, or fails to state a claim upon which relief may be granted,
unless the prisoner is under imminent danger of serious physical injury.”

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. See Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009); Reynolds v. Dormire,
636 F.3d 976, 979 (8th Cir. 2011).
Plaintiff, who is Caucasian, alleges that in March of 2013, Defendant Tate
violated his equal protection rights when he allowed an African-American inmate to
change his rack assignment while refusing allow Plaintiff to do so. See Doc. #2. The
Court needs further information in order to complete § 1915 screening.
Accordingly, Plaintiff must file, within thirty days of the entry of this Order, an
Amended Complaint clarifying: (1) how he was harmed by not being allowed to
change his rack assignment; (2) why Defendant Tate said he was refusing to change
his rack assignment; and (3) how Defendants Lay and May each participated in the
alleged denial of his constitutional rights.
IT IS THEREFORE ORDERED THAT:
1.

Plaintiff must, within thirty days of the entry of this Order, file an
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Amended Complaint containing the information specified herein.
2.

Plaintiff is reminded that the failure to timely and properly comply with

any portion of this Order will result in the dismissal of this case, without prejudice,
pursuant to Local Rule 5.5(c)(2).
Dated this 31st day of May, 2013.

UNITED STATES MAGISTRATE JUDGE

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