Rockenbach v. McJunkins et al

Filing 14

ORDER directing Defendant to identify certain individuals at Howard County Detention Center. (See Order for specifics.) Signed by Honorable James R. Marschewski on July 27, 2017. (Document mailed to non-ECF Participant Robert Rockenbach.) (mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION ROBERT ROCKENBACH v. PLAINTIFF Civil No.4:17-cv-04041 SHERIFF BRYAN McJUNKINS, Howard County, Arkansas; OFFICER JANE DOE, Booking Officer Howard County Detention Center; JOHN DOE OFFICERS, Howard County Detention Center; and HOWARD COUNTY, ARKANSAS DEFENDANTS ORDER Plaintiff Robert Rockenbach, currently an inmate of the Grimes Unit of the Arkansas Department of Correction, filed his Complaint pro se under 42 U.S.C. § 1983 on June 7, 2017. ECF No. 1. Plaintiff’s in forma pauperis (“IFP”) application was granted the same day. ECF No. 3. In response to an Order entered by this Court (ECF No. 6), Defendants filed a Response (ECF No. 10) identifying individuals who were present and may have been involved in incidents forming the basis of Plaintiff’s claims. ECF No. 10. However, when asked by this Court to identify detention officer(s) and medical personnel who gave Plaintiff insulin on January 28, 2017, at the Howard County Detention Center Defendants responded “No one gave the Plaintiff insulin on January 28, 2017, since the incident complained of in Plaintiff’s Complaint occurred at approximately 3:00a.m. on the morning of July 28, 2017, and he was shortly thereafter transported to the ER by ambulance.” ECF No. 10. 1    Plaintiff filed his Complaint approximately three weeks prior to July 28, 2017 so Defendants’ Response makes no sense. In addition, the Court reviewed Plaintiff’s Complaint and Plaintiff clearly alleges he was given an overdose of insulin by someone at the Howard County Detention Center on January 28, 2017. ECF No. 1. Defendants are again DIRECTED to file a response to this Order identifying the following individuals on or before August 9, 2017: Detention officer(s) and/or medical personnel who gave Plaintiff insulin on January 28, 2017 at the Howard County Detention Center. IT IS SO ORDERED this 27th day of July 2017. /s/ J. Marschewski HON. JAMES R. MARSCHEWSKI UNITED STATES MAGISTRATE JUDGE 2   

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