Joyner v. Maxwell et al

Filing 10

ORDER denying 8 Motion to Compel ; denying 9 Motion for Issuance of Subpoena. Signed by Honorable Barry A. Bryant on November 29, 2016. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION

RUSTY E. JOYNER

v.

PLAINTIFF

CIVIL NO. 4:16-cv-04108

TINA MAXWELL, Treatment Supervisor,
Southwest Arkansas Community
Correction Center (SWACCC); STEVE
ARNOLD, Center Supervisor, SWACCC;
GREG WICKS, Treatment Coordinator,
SWACCC: LIEUTENANT JOHN SNEED,
SWACCC; and ARKANSAS COMMUNITY
CORRECTION

DEFENDANTS

ORDER
Plaintiff Rusty E. Joyner proceeds in this 42 U.S.C. § 1983 matter pro se and in forma
pauperis. Before the Court are Plaintiff’s Motion to Compel (ECF No. 8) and Motion for
Issuance of Subpoena. (ECF No. 9)
Plaintiff filed his initial Complaint on November 9, 2016. ECF No. 1. On November 10,
2016, I entered an Order directing Plaintiff to file an Addendum to his Complaint to clarify what
he alleges each individual Defendant did or failed to do resulting in a violation of Plaintiff’s civil
rights. ECF No. 6. Plaintiff filed an Addendum to his Complaint on November 21, 2016. ECF
No. 7. Plaintiff filed his Motion to Compel and Motion for Issuance of Subpoena on November
23, 2016.
Prior to serving any named defendants and conducting any discovery in this matter, the
Prison Litigation Reform Act requires the Court to determine whether the causes of action stated
in Plaintiff’s complaint (1) are frivolous or malicious, (2) fail to state claims upon which relief

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may be granted, or (3) seek monetary relief against a defendant who is immune from such relief.
See 28 U.S.C. §§ 1915(e)(2)(B) & 1915(A).

The Court is in the process of reviewing and

screening Plaintiff’s Complaint and Addendum. Therefore, Plaintiff’s motions are premature.
Accordingly, Plaintiff’s Motion to Compel (ECF No. 8) and Motion for Issuance of
Subpoena (ECF No. 9) are DENIED at this time.
IT IS SO ORDERED this 29th day of November, 2016.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
UNITED STATES MAGISTRATE JUDGE

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