Hughes v. Banks et al

Filing 29

ORDER pursuant to Eighth Circuit remand re 10 Objection to Report and Recommendations filed by Brian Hughes; the U.S. Marshal is directed to serve the Defendants with a copy of the complaint (DE#2), amended complaint (DE#28), this Order, and summons, without prepayment of fees and costs or security therefor. Signed by Magistrate Judge H. David Young on 1/8/09. (mkf)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS BATESVILLE DIVISION BRIAN HUGHES ADC #119986 V. JAMES BANKS et al. ORDE R Plaintiff filed this complaint on June 6, 2007. Although Plaintiff's complaint was initially dismissed at screening, Plaintiff appealed, and, on September 3, 2008, the United States Court of Appeals for the Eighth Circuit affirmed in part, reversed in part, and remanded the matter for further proceedings. The Court's order found that Plaintiff's original due process and free exercise claims were properly dismissed, but concluded that Plaintiff's objections to the recommendation to dismiss should have been treated as a motion to amend, wherein he re-framed the bases for his Eighth Amendment and equal protection claims. Accordingly, Plaintiff's complaint, as amended, should be served on Defendants. IT IS THEREFORE ORDERED THAT service is appropriate on Defendants, and the United States Marshal is directed to serve a copy of the complaint (docket entry #2), amended complaint (docket entry #10), this order, and summons, upon Defendants, without prepayment of fees and costs or security therefor. DATED this 8 day of January, 2009. NO: 1:07CV00027 JLH/HDY DEFENDANTS PLAINTIFF

UNITED STATES MAGISTRATE JUDGE