Batts v. Norris et al

Filing 56

ORDER directing the Clerk of the Court to issue summons for Defendants Harmon, Norris, and Austin, and the U.S. Marshal is directed to serve copies of the Complaint, Amended Complaint, Second Amended Complaint w/any attachments, and a summons for these Defendants without prepayment of costs or security therefor. Signed by Magistrate Judge Beth Deere on 12/12/08. (mkf)

IN THE UNITED STATES DISTRICT COURT E A S T E R N DISTRICT OF ARKANSAS E A S T E R N DIVISION E D W A R D BATTS, A D C # 91375 V. L A R R Y NORRIS, et al. No. 2:08CV00149 WRW-BD DEFENDANTS

P L A IN T IF F

ORDER T h e Court has screened Plaintiff's Second Amended Complaint (docket entry #30) a n d it appears that Plaintiff has stated a claim for an Eighth Amendment violation against D e f en d a n ts Greg Harmon, Larry Norris, and Austin. Specifically, Plaintiff claims that th e se Defendants were personally aware of Plaintiff's physical suffering, had the a u th o rity to order that Plaintiff receive the necessary medical care to treat his glaucoma, ye t failed to do. Accordingly, service is proper for Defendants Harmon, Norris, and A u s tin . The Clerk of Court shall prepare a summons for Defendants Harmon and Norris, a n d the United States Marshal is directed to serve copies of the Complaint, the Amended C o m p la in t, and the Second Amended Complaint with any attachments (docket entries #2, #8, and #30), and a summons for Defendants Harmon and Norris through the Compliance D iv is io n of the Arkansas Department of Correction, P.O. Box 20550, Pine Bluff, A rka n sas 71612, without prepayment of fees and costs or security therefor.

T h e Clerk of Court shall prepare a summons for Defendant Austin, and the United S ta te s Marshal is directed to serve copies of the Complaint, the Amended Complaint, and the Second Amended Complaint with any attachments (docket entries #2, #8, and #30), a n d a summons for this Defendant without prepayment of costs or security therefor. Service of process for this Defendant should be in care of counsel for CMS, Humphries & L e w is , P. O. Box 20670, White Hall, Arkansas 72612. IT IS SO ORDERED this 12th day of December, 2008.

____________________________________ U N IT E D STATES MAGISTRATE JUDGE

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