Hurlbut v. Arkansas Attorney General

• Court: District Court, E.D. Arkansas
• Decided: June 19, 2019
• Docket: 1:19-cv-00037
• Status: Unknown

Opinion

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

DANIEL HURLBUT, PLAINTIFF ADC #658898

V. CASE NO. 1:19-CV-37-JM-BD

ARKANSAS ATTORNEY GENERAL, et al. DEFENDANTS

ORDER

Daniel Hurlbut, an Arkansas Department of Correction inmate, filed this civil lawsuit without the help of a lawyer under 42 U.S.C. § 1983. (Docket entry #2) For screening purposes, Mr. Hurlbut has stated a deliberate-indifference claim against Defendant Stieve, as well as against members of the University of Arkansas Medical Sciences (UAMS) Endocrinology Department. Service is proper for Defendant Stieve. The Clerk of Court is directed to prepare a summons for Defendant Stieve. The United States Marshal is directed to serve a copy of the complaint (#2), with any attachments, and a summons for Defendant Stieve without requiring prepayment of fees and costs or security. Service for Defendant Stieve should be through Humphries, Odom, & Lewis, 1901 Broadway Street, Little Rock, Arkansas 72206. Although Mr. Hurlbut has stated a deliberate-indifference claim against members of the UAMS Endocrinology Department, he has only named UAMS as a Defendant. UAMS is not a party that may be sued under 42 U.S.C. § 1983. UAMS v. Adams, 354 Ark. 21, 24, 117 S.W.3d 588, 590 (2003). Accordingly, the Clerk is instructed to terminate UAMS as a party Defendant and to add Doe Defendants, UAMS Endocrinology Department, as Defendants. Mr. Hurlbut has ninety days from the date this lawsuit was filed to identify and serve the UAMS employees who allegedly failed to provide him constitutionally adequate medical care. Because Mr. Hurlbut is proceeding IFP, the Court will order service of process for these Defendants, but Mr. Hurlbut is responsible for providing their names and valid service addresses. He may send discovery requests or use other means to find valid service addresses for Defendants. Mr. Hurlbut is cautioned that failure to timely identify and serve the Doe Defendants will result in dismissal of claims against those Defendants. IT IS SO ORDERED, this 19th day of June, 2019. Llib —