McFadden v. Burton et al

Filing 11

ORDER that Clerk shall mail to Marion Corr. Inst. the documents filed in this action in 1 Complaint, as well as this Order. Further ordered that Marion Corr. Inst. prison officials shall mail to the Court, within 20 days of entry of this Order, a statement regarding any grievances filed by Pltf based on the alleged incident occurring on 10/9/2016, including whether and when Pltf resolved this grievance through Step Three of the appeals process. (Statement due by 3/6/2017 plus an additional 3 days if served by mail). Signed by Chief Judge Frank D. Whitney on 2/13/17. (Pro se litigant served by US Mail.) (ejb)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:17-cv-24-FDW
ROBERT LAMAR MCFADDEN,

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Plaintiff,
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vs.
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RODNEY BURTON, et al.,
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Defendants.
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____________________________________)

ORDER

THIS MATTER comes before the Court on its own motion.
Pro se Plaintiff Robert Lamar McFadden, a North Carolina prisoner incarcerated at
Marion Correctional Institution in Marion, North Carolina, filed this action on January 19, 2017,
pursuant to 42 U.S.C. § 1983. Plaintiff’s claim here arises out of an alleged incident of
excessive force occurring at Marion on October 9, 2016.
Plaintiff alleges in the Complaint that he has exhausted his administrative remedies as to
this claim, but he has not attached the prison’s response through all three steps of the grievance
process. Before going forward with this Court’s initial screening, the Court will order prison
officials at Marion to submit a statement regarding any grievances filed by Plaintiff based on the
alleged incident occurring on October 9, 2016, including whether and when Plaintiff resolved
this grievance through Step Three of the appeals process.
IT IS, THEREFORE, ORDERED that:
(1) The Clerk of this Court shall mail to Marion Correctional Institution the documents
filed in this action in Docket No. 1, as well as this Order.
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(2) It is further ordered that Marion Correctional Institution prison officials shall mail to
the Court, within twenty (20) days of entry of this Order, a statement regarding any grievances
filed by Plaintiff based on the alleged incident occurring on October 9, 2016, including whether
and when Plaintiff resolved this grievance through Step Three of the appeals process.

Signed: February 13, 2017

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