Brown v. Cowell et al

Filing 8

ORDER directing the Clerk to prepare summons for defts Cowell, Horn, Maples, Budnik and Guy. The U.S. Marshal is directed to serve summons and the Amended Complaint on defts Maples, Budnik and Guy in care of the ADC Compliance Office. The summons on defts Cowell and Horn should be served on them in care of Humphries & Lewis Law Firm. Signed by Magistrate Judge Jerome T. Kearney on 10/11/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
BILLY WAYNE BROWN, JR.,
ADC #651783
v.

PLAINTIFF
1:12-cv-00087-BSM-JTK

BILLY COWELL, et al.

DEFENDANTS
ORDER

By Order dated September 18, 2012 (Doc. No. 4), this Court granted Plaintiff’s Motion 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 him to submit an
Amended Complaint within thirty days. The Court also cautioned Plaintiff that an Amended
Complaint would render the Original Complaint without legal effect, and would take the place of
his Original Complaint. Plaintiff has now submitted an Amended Complaint (Doc. No. 5). Having
reviewed the Amended Complaint, it appears to the Court that service is appropriate for Defendants
Cowell, Horn, Maples, Budnik, and Guy. Accordingly,
IT IS, THEREFORE, ORDERED that service is appropriate for the Defendants Cowell,
Horn, Maples, Budnik, and Guy. The Clerk of the Court shall prepare summons for the Defendants
and the United States Marshal is hereby directed to serve a copy of the Amended Complaint (Doc.
No. 5) and summons on Defendants Maples, Budnik, and Guy 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 directed to serve a copy of the Amended Complaint (Doc. No. 5) and summons on the Defendants
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Cowell and Horn in care of Humphries and Lewis Law Firm, P.O. Box 20670, White Hall, AR
71612, without prepayment of fees and costs or security therefore.
IT IS SO ORDERED this 11th day of October, 2012.

__________________________________
JEROME T. KEARNEY
UNITED STATES MAGISTRATE JUDGE

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