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Darby v. Redmann

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA SOUTHEASTERN DIVISION


April 3, 2009

VONNIE DARIN DARBY, PLAINTIFF,
v.
DON REDMANN, WARDEN, JENNIFER PEOPPEL, CCW, TIM SCHUETZLE, WARDEN, DEFENDANTS.

The opinion of the court was delivered by: Charles S. Miller, Jr. United States Magistrate Judge

ORDER RE 1915A SCREENING

Plaintiff is an inmate at the North Dakota State Penitentiary ("NDSP). He initiated the above-entitled action by complaint on February 3, 2009. This matter is now before the court for an initial review as mandated by 28 U.S.C. §1915A.

The undersigned has reviewed the complaint, and it appears questionable whether Plaintiff has any meritorious claim for relief. However, the issue here is not whether Plaintiff's claims have merit, but whether or not he pled a claim for relief. While this itself is a close question, the undersigned is not prepared to conclude at this point that no claim for relief has been stated. Further, additional context would be helpful in properly disposing of the claims.

For these reasons, it is hereby ORDERED that the Clerk effectuate service of the summons and complaint upon the Defendants 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.

20090403

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