United States District Court, W.D. Arkansas, El Dorado Division
O. HICKEY CHIEF UNITED STATES DISTRICT JUDGE.
a civil rights action filed by Plaintiff pursuant to 42
U.S.C. § 1983. Plaintiff proceeds pro se and
in forma pauperis. The case is before the Court for
preservice screening under the provisions of the Prison
Litigation Reform Act (“PLRA”). Pursuant to 28
U.S.C. § 1915A, the Court has the obligation to screen
any complaint in which a prisoner seeks redress from a
governmental entity or officer or employee of a governmental
filed this 42 U.S.C. § 1983 action pro se on
February 13, 2019. (ECF No. 1). He submitted an
in forma pauperis (“IFP”) application
with his Complaint. (ECF No. 2). However, the application was
incomplete. In addition, a review of Plaintiff's
Complaint revealed that he failed to specify what each named
defendant did or failed to do that violated his
constitutional rights. As a result, on February 13, 2019, the
Court entered an order directing Plaintiff to submit a
completed IFP application and file an Amended Complaint by
March 4, 2019. (ECF No. 3).
filed his Amended Complaint and submitted an IFP application
on March 19, 2019. (ECF Nos. 5, 6). The following day,
Plaintiff's IFP application was granted. (ECF No. 7).
Plaintiff is currently incarcerated in the Arkansas
Department of Correction - Tucker Unit. The incidents on
which Plaintiff bases his claims occurred while he was
detained in the Union County Detention Center
(“UCDC”) in El Dorado, Arkansas.
has named Jail Administrator Paul Kugler, Corporal Marloe,
Lieutenant Steven Green, Captain Mitcham, Sheriff Ricky
Roberts, County Judge Mike Loftin, Mayor Frank Hash, and
Chief Deputy Charlie Phillips as Defendants. Plaintiff claims
his legal mail was either lost or thrown away on October 14,
2018. Specifically, he states, “I [slid] my Amended
1983 form under the door of H-pod to Co Marloe on October 14,
2018 to be mailed back to the Clerk of Court. The deadline
was October 19, 2018. I made sure he got it. That was the
last time I seen my Amended 1983 form.” (ECF No. 5, p.
sues Defendants in their individual and official capacities.
He seeks compensatory and punitive damages. (ECF No. 1, p.
14). Plaintiff also seeks to “[g]et [his] mail log to
find out where the 1983 form is[.]” (ECF No. 5, p. 7).
the PLRA, the Court is obligated to screen this case prior to
service of process being issued. The Court must dismiss a
complaint, or any portion of it, if it contains claims that:
(1) are frivolous, malicious, or fail to state a claim upon
which relief may be granted; or, (2) seeks monetary relief
from a defendant who is immune from such relief. 28 U.S.C.
is frivolous if “it lacks an arguable basis either in
law or fact.” Neitzke v. Williams, 490 U.S.
319, 325 (1989). A claim fails to state a claim upon which
relief may be granted if it does not allege “enough
facts to state a claim to relief that is plausible on its
face.” Bell Atlantic Corp. v.
Twombly, 550 U.S. 544, 570 (2007). “In evaluating
whether a pro se plaintiff has asserted sufficient
facts to state a claim, we hold ‘a pro se
complaint, however inartfully pleaded . . . to less stringent
standards than formal pleadings drafted by
lawyers.'” Jackson v. Nixon, 747 F.3d 537,
541 (8th Cir. 2014) (quoting Erickson v. Pardus, 551
U.S. 89, 94 (2007)). However, even a pro se
Plaintiff must allege specific facts sufficient to support a
claim. Martin v. Sargent, 780 F.2d 1334, 1337 (8th
Defendants Kugler, Green, Mitcham, Roberts, Loftin, Hash, and
has named Kugler, Green, Mitcham, Roberts, Loftin, Hash, and
Phillips as Defendants but has not made any specific
allegations against them in his Amended Complaint.
“Liability under section 1983 requires a causal link
to, and direct responsibility for, the deprivation of rights.
To establish personal liability on the part of a defendant,
[the plaintiff] must allege specific facts of personal
involvement in, or direct responsibility for, a deprivation
of [his] constitutional rights.” Clemmons v.
Armontrout, 477 F.3d 962, 967 (8th Cir. 2007) (citation
and internal quotation marks omitted).
has failed to allege that Defendants Kugler, Green, Mitcham,
Roberts, Loftin, Hash, or Phillips had any personal
involvement in the violation of his constitutional rights.
Accordingly, Plaintiff's claims against ...