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ROWE v. MOBLEY

November 21, 2005.

JIMMY C. ROWE ADC #127951, Plaintiff,
v.
MAX MOBLEY, Deputy Director, Arkansas Department of Correction, et al., Defendants.



The opinion of the court was delivered by: J. RAY, Magistrate Judge

ORDER

Plaintiff, who is currently incarcerated at the Cummins Unit of the Arkansas Department of Correction, has commenced this pro se § 1983 action alleging that Defendants have failed to provide him with adequate medical care. See docket entry #2. By way of relief, he requests monetary damages and an injunction requiring Defendants to provide him with medical care deemed appropriate by an independent specialist. Id.

Separate Defendant Max Mobley has filed a Motion for Judgment on the Pleadings, and a Brief in Support, contending that he is entitled to sovereign immunity because Plaintiff, who is proceeding pro se, has named him in his official capacity only.*fn1 See docket entries #35 and #36. The Court will give Plaintiff thirty days to file a Response to that Motion.

  Finally, although Defendants have not yet raised the matter, the Court questions whether he has stated a viable claim, for either injunctive relief or damages, against separate Defendant Mobley.*fn2 Accordingly, Plaintiff's Response must also explain how Defendant Mobley was personally and directly responsible for Plaintiff allegedly receiving inadequate medical care.

  IT IS THEREFORE ORDERED THAT Plaintiff shall file, within thirty days of the entry of this Order, a Response containing the information specified in this Order.*fn3

20051121

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