Miller/Perry et al v. Culliom et al
ORDER VACATING 41 Order directing service upon Defendnat Anderson in care of counsel for CMS; the Clerk is directed to prepare a summons for Defendant Anderson, and the U.S. Marshal is directed to serve a copy of the complaint (DE#2), and amended complaints (DE#'s 6 & 28), this order, and summons, on Defendant Anderson of the Grimes Unit, without prepayment of fees, and costs or security therefor. Signed by Magistrate Judge H. David Young on 1/13/09. (mkf)
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS BATESVILLE DIVISION FRANCES RENEE MILLER/PERRY et al. ADC #708998 V. MARK CULLIOM et al. NO: 1:08CV00031 SWW/HDY DEFENDANTS PLAINTIFFS
ORDE R On December 22, 2008, the summons was returned unexecuted as to Defendant Anderson (docket entry #37). A note on the return indicated that Anderson may have be an employee of Correctional Medical Services, Inc. ("CMS"). Accordingly, on December 29, 2008, the Court ordered that service on Anderson be attempted in the care of counsel for CMS. However, on January 12, 2009, Plaintiff filed an objection to that order, in which she clarified that the Anderson she has named as a Defendant is not Dr. Donald Anderson, but rather an Arkansas Department of Correction ("ADC") correctional officer who was formerly assigned to the McPherson Unit, but is now stationed at the Grimes Unit. Thus, the order directing service on Anderson in the care of CMS will be vacated. IT IS THEREFORE ORDERED THAT: 1. The Court's order directing service upon Defendant Anderson in the care of counsel
for CMS (docket entry #41) is hereby VACATED. 2. 3. Service is appropriate on Defendant Anderson. The Clerk of the Court is directed to prepare a summons for Defendant Anderson, and 1
the United States Marshal is directed to serve a copy of the complaint (docket entry #2), and amended complaints (docket entries #6 & #28), this order, and summons, on Defendant Anderson of the Grimes Unit, without prepayment of fees, and costs or security therefor. DATED this 13 day of January, 2009.
UNITED STATES MAGISTRATE JUDGE
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