Reid v. Jaracan et al

Filing 9

MEMORANDUM AND ORDER: Plaintiff's application to proceed in forma pauperis 2 is GRANTED. Plaintiff's motion for jury demand 3 is GRANTED for purposes of this case and his motion for U.S. Marshal Form 285 4 is GRANTED . The Clerk is DIRECTED to send the plaintiff a service packet (a blank summons and USM 285 form) for defendant Esco Jarnagin. The "Hamblen County Government" is not a suable entity under § 1983 and it is DISMISSED from this action. The plaintiff is ORDERED to complete the service packet for defendant Jarnagin and return it to the Clerk's Office within twenty (20) days of the date of receipt of this Memorandum and Order. (copy mailed to Plaintiff along with service packet) Signed by District Judge R Leon Jordan on 11/20/14. (JBR)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT GREENEVILLE

NIGEL MARLIN REID, SR.,
Plaintiff,
v.
ESCO JARNAGIN1 and
HAMBLEN COUNTY
GOVERNMENT,
Defendants.

)
)
)
)
)
)
)
)
)
)
)

No.: 2:14-cv-281-RLJ

MEMORANDUM AND ORDER

The Court is in receipt of a pro se civil rights complaint under 42 U.S.C. § 1983
and an application to proceed in forma pauperis. It appears from the application that the
plaintiff lacks sufficient financial resources to pay the $400.00 filing fee. Plaintiff's
application to proceed in forma pauperis is GRANTED. Plaintiff's motion for jury
demand [Doc. 3] is GRANTED for purposes of this case and his motion for U.S.
Marshal Form 285 [Doc. 4] is GRANTED as set forth below.
The Clerk is DIRECTED to send the plaintiff a service packet (a blank summons
and USM 285 form) for defendant Esco Jarnagin. The "Hamblen County Government" is
not a suable entity under § 1983 and it is DISMISSED from this action.

1

Plaintiff misspelled the name of Sheriff Esco Jarnagin. The Clerk is DIRECTED to correct the
docket sheet to show the correct spelling of Sheriff Jarnagin's name.

The plaintiff is ORDERED to complete the service packet for defendant Jarnagin
and return it to the Clerk's Office within twenty (20) days of the date of receipt of this
Memorandum and Order. At that time the summons will be signed and sealed by the
Clerk and forwarded to the U.S. Marshal for service. Fed. R. Civ. P. 4. The plaintiff is
forewarned that failure to return the completed service packet within the time required
could jeopardize his prosecution of this action.
Defendant Jarnagin shall answer or otherwise respond to the complaint within
twenty-one (21) days from the date of service. Defendant's failure to timely respond to
the complaint may result in entry of judgment by default against defendant.
Plaintiff is ORDERED to inform the Court in writing, and the defendant or his
counsel of record, immediately of any address changes. Failure to provide a correct
address to this Court within ten (10) days following any change of address may result in
the dismissal of this action.

ENTER:
s/ Leon Jordan
United States District Judge

2