Wisham v. Izard County Sheriff's Office

United States District Court for the Eastern District of Arkansas

Wisham v. Izard County Sheriff's Office

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION

RANDELL EUGENE WISHAM PLAINTIFF

No. 3:20-cv-115-DPM

IZARD COUNTY SHERIFF’S OFFICE DEFENDANT

ORDER 1. | Wisham’s application to proceed in forma pauperis, Doc. 1, is granted. He’s disabled, with a small monthly income, the usual expenses, and modest assets. 2. The Court must screen Wisham’s complaint.

28 U.S.C. § 1915

(e)(2). The Izard County Sherriff’s Office is not an entity that can be sued. Ketchum v. City of West Memphis, Arkansas,

974 F.2d 81, 82

(8th Cir. 1992). Wisham says that his former parole officer, and others from the Sheriff’s Office, are entering Wisham’s bedroom and attic and are taking his things. While this is of course possible, it is also highly unlikely. Denton v. Hernandez,

504 U.S. 25, 32-33

(1992);

28 U.S.C. § 1915

(e)(2)(B). The Court will dismiss the case without prejudice for failure to state a claim. So Ordered. — Tes stall fe DP. Marshall J“ United States District Judge 18 May Lao

Reference

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