Larkin v. Corrections Corporation of America et al

Filing 55

ORDER: Plaintiff is directed to show cause by March 19, 2014, why the Magistrate Judge should not recommend dismissal as to this Defendant for failure to state a cause of action. This matter is set for a Rule 16 case management hearing on April 23, 2014, at 11:00 a.m. Signed by Magistrate Judge Joe Brown on 2/19/14. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
MARK LARKIN,
Plaintiff
v.
CORRECTIONS CORPORATION
OF AMERICA, et al.,
Defendants

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No. 3:13-CV-1369
Judge Campbell/Brown

O R D E R
All of the Defendants except Molokwu have been served and
have filed an answer in this matter (Docket Entry 54). From reading
the rather convoluted complaints in this matter (Docket Entries 1,
5, 6), the Magistrate Judge has grave concerns as to whether a
cause of action against the unserved Defendant Molokwu is stated.
It appears that the only mention of this Defendant is in paragraph
1 of the second motion to amend the complaint (Docket Entry 6).
This paragraph states that the contract monitor Molokwu failed to
investigate whether the Plaintiff had completed the mandatory
sentence of 150 days or not. Normally, questions as to whether a
Defendant is being held in custody properly is raised through
habeas corpus, and not through a 1983 suit.
The Plaintiff is directed to show cause by March 19,
2014, why the Magistrate Judge should not recommend dismissal as to
this Defendant for failure to state a cause of action.
v. Tennessee, 102 Fed. Appx 906 (6th Cir 2004).

See Goodson

Under Rule 4(m) of the Federal Rules of Civil Procedure,
if service of process is not obtained within 120 days absent an
extension granted by the court, the case as to that defendant is
subject to dismissal.
This matter is set for a Rule 16 case management hearing
on April 23, 2014, at 11:00 a.m. The Defendants are directed to
prepare a draft initial case management order and send the order to
the Plaintiff at both Creston, Iowa, address (Docket Entry 53), and
the Plaintiff’s address of record at the CCA, Davidson County,
detention facility.
The Plaintiff is directed to prepare a short theory of
his case (not to exceed 1½ pages) and bring it with him to the
hearing. The Plaintiff should also be prepared at the hearing to
discuss why the unserved Defendant should not be dismissed from
this case.
The Plaintiff is reminded that it is his responsibility
to keep a current address on file with the Court at all times.
Failure to do so can result in his missing deadlines, court
hearings, and other proceedings, and can result in a recommendation
that his case be dismissed for failure to prosecute and failure to
obey Court orders.
It is so ORDERED.
/s/
Joe B. Brown
JOE B. BROWN
United States Magistrate Judge

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