Neal v. Payne

United States District Court for the Eastern District of Arkansas

Neal v. Payne

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS DELTA DIVISION

JOSHUA NEAL PLAINTIFF ADC #162979

V. No. 2:21-CV-00095-JM-JTR

DEXTER PAYNE, Director ADC, et al. DEFENDANTS

ORDER

The Clerk is directed to prepare a summons for Warden Darryl Golden, Chief of Security Percy Arnold, former Lieutenant Erica Wright, and former Sergeant Debra Scott. The United States Marshal is directed to serve the summons, Neal’s Complaint (Doc. 2), the Court’s Partial Recommended Disposition (Doc. 8), the Order approving and adopting the Partial Recommended Disposition (Doc. 11), and this Order, on them through the ADC Compliance Division, without prepayment of fees and costs or security therefor.1 However, the Court cannot order service on the “Doe” Defendants (identified by Plaintiff as unidentified “Delta Regional Unit Corporal Officers”) until Plaintiff provides their names and service addresses. See Lee v. Armontrout,

991 F.2d 487

,

1If any Defendant is no longer an Arkansas Division of Correction employee, the individual responding to service must file a sealed statement with the Clerk of the Court providing the unserved Defendant’s last known private mailing address. 489 (8th Cir. 1993) (explaining that it is the prisoner’s responsibility to provide a

proper service address for each defendant). After the named Defendants file an Answer, the Court will enter a Scheduling Order that sets a deadline for Plaintiff to file a Motion for Service containing the identities and service addresses of the Doe Defendants. IT IS SO ORDERED this 11th day of February, 2022.

UNITED STATES MAGISTRATE JUDGE

Reference

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