Smith v. Oklahoma Department of Corrections

Filing 39

ORDER. The Amended Complaint is subject to preliminary screening. The Clerk of the Court shall not issue service of process for any Defendant named in the Amended Complaint until directed to do so. Signed by Magistrate Judge Charles B Goodwin on 07/28/2017. (jb)

UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
FRED SMITH,
Plaintiff,
v.
JOE ALLBAUGH et al.,
Defendants.

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Case No. CIV-16-654-HE

ORDER
Plaintiff Fred Smith, an Oklahoma prisoner appearing pro se, has filed an Amended
Complaint (Doc. Nos. 36 to 37). That amended pleading replaces his original Complaint
(Doc. Nos. 1 to 1-7) challenging the Oklahoma Department of Corrections’ (“ODOC”)
written policy governing inmates’ access to religious meals and items. See Order of June
30, 2017 (Doc. No. 34) at 2-3. The Amended Complaint, which does not name ODOC as
a Defendant, is subject to preliminary screening. See 28 U.S.C. § 1915A; 42 U.S.C
§ 1997e; Plunk v. Givens, 234 F.3d 1128, 1129-30 (10th Cir. 2000); Order of June 30,
2017, at 2-3; Order of Nov. 7, 2016 (Doc. No. 17) at 2 n.1. Accordingly, the Clerk of the
Court shall not issue service of process for any Defendant named in the Amended
Complaint until directed to do so. See LCvR 9.2(c); Order of June 30, 2017, at 2-3.
IT IS SO ORDERED this 28th day of July, 2017.