Davis v. Correctional Medical Services Inc et al

Filing 12

ORDER directing that the Clerk prepare summons for defts and the U.S. Marshal to serve a copy of the original and amended complaints and summons on defts without prepayment of costs therefor. Signed by Magistrate Judge Henry L. Jones, Jr. on 10/1/09. (bkp) (Docket entry modified on 10/5/2009 to correct the signing Judge, the signature date, and the file date.) (thd).

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS BATESVILLE DIVISION LATOYIN V. DAVIS, ADC #138224 v. CORRECTIONAL MEDICAL SERVICES, INC., et al. ORDER By Order date September 18, 2009 (DE #7), this Court granted plaintiff's application to proceed in forma pauperis in this action filed pursuant to 42 U.S.C. 1983. However, finding plaintiff's complaint too vague and conclusory to enable the Court to determine whether it is frivolous, fails to state a claim, or states a legitimate claim, the Court directed plaintiff to submit an amended complaint within thirty days. Plaintiff has now submitted an amended complaint (DE #9). Having reviewed the original and amended complaints, and construing them together, it now appears to the Court that service is appropriate with respect to defendants Nurse Selvey, Director Holloway, and Warden Curtis Mienzer. Accordingly, IT IS, THEREFORE, ORDERED that service is appropriate for the defendants Selvey, Holloway, and Mienzer. The Clerk of the Court shall prepare summons for the defendants and the United States 1:09CV00045HLJ DEFENDANTS PLAINTIFF Marshal is hereby directed to serve a copy of the original (DE #2) and amended complaints (DE #9) and summons on defendant Mienzer in care of the Arkansas Board of Correction and Community Punishment Compliance Division, P.O. Box 20550, Pine Bluff, AR 71612-0550, without prepayment of fees and costs or security therefore. The United States Marshal is hereby directed to serve a copy of the original and amended complaints and summons on the defendants Selvey and Holloway in care of Humphries and Lewis Law Firm, P.O. Box 20670, White Hall, AR 71612, without prepayment of fees 1 and costs or security therefore. IT IS SO ORDERED this 1st day of October, 2009. __________________________________ United States Magistrate Judge 2

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