Smullins/Craft v. Bowers

United States District Court for the Eastern District of Arkansas

Smullins/Craft v. Bowers

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION

JOHNI D. SMULLINS/CRAFT PLAINTIFF ADC #42496

V. No. 3:21-CV-00034-DPM-JTR

KEITH BOWERS, Administrator, Craighead County Detention Center; CRAIGHEAD COUNTY DETENTION CENTER DEFENDANTS

ORDER In this pro se § 1983 action, Plaintiff Johni D. Smullins/Craft (“Smullins/Craft”), then a pretrial detainee at the Craighead County Detention Center (“CCDC”), alleges that Defendants violated her constitutional rights. Doc. 2. For the reasons explained in the Partial Recommended Disposition that was entered separately today, the Court concludes, for screening1 purposes only, that

1The Prison Litigation Reform Act requires federal courts to screen prisoner complaints seeking relief against a governmental entity, officer, or employee. 28 U.S.C. § 1915A(a). The Court must dismiss a complaint or a portion thereof if the prisoner has raised claims that: (a) are legally frivolous or malicious; (b) fail to state a claim upon which relief may be granted; or (c) seek monetary relief from a defendant who is immune from such relief. Id. § 1915A(b). When making this determination, a court must accept the truth of the factual allegations contained in the complaint, and it may consider documents attached to the complaint. Ashcroft v. Iqbal,

556 U.S. 662, 678

(2009); Reynolds v. Dormire,

636 F.3d 976, 979

(8th Cir. 2011). Finally, a pro se complaint must be “liberally construed” and “held to less stringent standards than formal pleadings drafted by lawyers.” Erickson v. Pardus,

551 U.S. 89, 94

(2007). Smullins/Craft has pled a plausible conditions of confinement claims against Defendant Keith Bowers, the CCDC administrator. Accordingly, service will be ordered on Bowers. IT IS THEREFORE ORDERED THAT the Clerk is directed to prepare a

summons for Bowers. The United States Marshal is directed to serve the Complaint (Doc. 2), the Court’s Partial Recommended Disposition and this Order, on him at the Craighead County Detention Center, without prepayment of fees and costs or security therefor.” DATED this 6" day of April, 2021.

UNITED STATES MAGISTRATE JUDGE

"If Bowers is no longer a CCDC employee, the individual responding to service must file a sealed statement providing Bowers’s last known private mailing address.

Reference

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