Foley v. Miller

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION

JOSH FOLEY PLAINTIFF ADC #177695

V. No. 3:21-CV-00189-DPM-JTR

TERRY MILLER, Sheriff, Clay County DEFENDANT

ORDER

Plaintiff Josh Foley (“Foley”), an inmate in the Clay County Detention Center, initiated this pro se § 1983 action by filing a Complaint alleging Defendant Terry Miller (“Miller”), the Clay County Sheriff, violated his constitutional rights. Doc. 2. Foley has also filed a Motion for Status. Doc. 6. The Motion for Status (Doc. 6) is granted. Before Foley may proceed with this action, the Court must first screen his claims.1 Upon screening, the Court concludes that Foley has stated a viable

1 The 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. 28 U.S.C. ' 1915A(b). When making this determination, a court must accept the truth of the factual allegations contained in the complaint, and it may consider the 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). inadequate medical care claim against Miller. Accordingly, Foley may PROCEED with this claim. IT IS THEREFORE ORDERED THAT: 1. Foley’s Motion for Status (Doc. 6) is GRANTED. 2. The Clerk is directed to prepare a summons for Miller. The United States Marshal is directed to serve the summons, Complaint (Doc. 2), and this Order, on Miller at the Clay County Sheriff's Office, 268 South Second Avenue, Piggott, Arkansas 72454. IT IS SO ORDERED this Ist day of March, 2022.

‘UNITED STATES MAGISTRATE JUDGE