Scarberry v. Lenoir et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Jacob Scarberry, 	)
)
Plaintiff, 	) 	ORDER (AMENDED)
)
vs. 	)
)
Justin Lenoir, Brian Clouston, David 	)
Lawrence, and Frank Landeis, 	) 	Case No.: 1:18-cv-199
)
Defendants. 	)
The plaintiff, Jacob Scarberry, was incarcerated at the Heart of America Correctional and
Treatment Center at the time he initiated the above-entitled action pro se and in forma pauperis.
(Doc. Nos. 1-5). It appears that he has since been release and is presently residing in Washburn,
North Dakota. (Doc. No. 15).
Since Scarberry was incarcerated at the time he initiated this action, the Court screened his
Complaint pursuant to 28 U.S.C. § 1915A. On January 10, 2019, the Court issued an order to (1)
show cause why his claims against Chief Lawrence and Sheriff Landeis should not be dismissed,
or (2) file an Amended Complaint describing in greater detail the incident giving rise to his claims
as well as any claimed basis for holding Chief Lawrence and Sheriff Landeis liable.
To date Scarberry has neither shown cause why he should be permitted to proceed against
Chief Lawrence or Sheriff Landeisn nor filed an Amended Complaint as directed. Thus, for the
reasons articulated by the Court in its January 10, 2019, order, Scarberry's claims against Chief
Lawrence and Sheriff Landeis are DISMISSED with prejudice.
Scarberry will be permitted to proceed with his claims against BIA Officers Lenoir and
Clouston. Accordingly, the Court, without passing on the merits, ORDERS BIA Officers Lenoir
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and Clouston to file answers or otherwise respond to Scarberry's Complaint. The Clerk's office shall
effectuate service of the summons and Complaint upon BIA Officers Lenoir and Clouston in
accordance with Rule 4 of the Federal Rules of Civil Procedure and, if necessary, that the service
be made by the United States Marshals Service.
Dated this 21st day of March, 2019.
/s/ Clare Hochhalter
Clare R.Hochalter, Magistrate Judge
United States District Court
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