Fowler v. Bodeker

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION CHAD ANTHONY LOUIS FOWLER PLAINTIFF ADC #656153 V. No. 3:22-CV-253-LPR-JTR JUSTIN B. BODEKER, Doctor/Dentist, Grimes Unit; S. ARMSTRONG, Health Service Administrator, Mental Health Supervisor, LPN, Grimes Unit; and S. BERY, Medical Assistant, Grimes Unit DEFENDANTS ORDER On September 28, 2022, Plaintiff Chad Anthony Louis Fowler (“Fowler”), an inmate in the Grimes Unit of the Arkansas Division of Correction (“ADC”), filed a pro se § 1983 Complaint alleging that he has been, and continues to be, denied access to proper dental care. Doc. 5.

For screening purposes only, Fowler has asserted viable inadequate medical care claims against Defendants Justin B. Bodeker, S. Armstrong, and S. Bery.

Accordingly, service of the Complaint is proper.1 The Prison Litigation Reform Act requires federal courts to screen prisoner complaints, and to dismiss any 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. 28 U.S.C. § 1915A(a) & (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).

IT IS THEREFORE ORDERED THAT: l. Fowler’s Motion for Screening (Doc. 5) is GRANTED.

2. The Clerk is directed to prepare a summons for Defendant S.

Armstrong.

3. The United States Marshal is directed to serve the summons along with copies of the Complaint (Doc. 2) and this Order on Defendant Armstrong through the ADC Compliance Division without requiring prepayment of fees and costs.”

4. The Court will address service for Defendants Bodeker and Bery by separate Order.

IT IS SO ORDERED this 13" day of March, 2023.

UNITED STATES MAGISTRATE JUDGE If Defendant S. Armstrong is no longer employed by the ADC, the individual responding to service must provide a sealed statement with Armstrong’s last known private mailing address.