Cantrell v. Beebe et al

Filing 54

ORDER granting 38 Motion for Service; denying 44 Motion to Amend/Correct; denying 48 Motion for Ruling; granting 48 Motion for Copies and directing the Clerk to send to plaintiff a copy of the docket sheet, together with copies of docket entries ## 7, 9, 15-27, 30, 32, 38, 39 and 41. Signed by Magistrate Judge Henry L. Jones, Jr on 3/16/10. (bkp)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS HELENA DIVISION JIMMY SHANE CANTRELL, ADC #98730 v. MIKE BEEBE, et al. ORDER This matter is before the Court on plaintiff's motions for service, to amend, and for ruling and copies (DE ##38, 44, 48). Plaintiff's motion for service (DE #38) is actually a motion for copies of the defendants' returned summons. The Court will direct the Clerk to forward copies to the plaintiff. In his motion to amend, plaintiff asks to add as a defendant Brenda Perry, alleging she has failed to send acknowledgment sheets of grievances which he has filed. Such an allegation does not state a constitutional claim for relief under 42 U.S.C. 1983, and therefore, the Court will deny his motion to amend. See Buckley v. Barlow, 997 F.2d 494, 495 (8th Cir. 1993). In plaintiff's motion for ruling, he asks the Court to rule on his motion for temporary restraining order. However, no motion for temporary restraining order is pending in this case. Therefore, that portion of his motion will be denied. The Court will, however, grant plaintiff's motion for copies, which includes the copies plaintiff requested in his motion for service, above. Accordingly, IT IS, THEREFORE, ORDERED that plaintiff's motion for service (DE #38), which this Court construes as a motion for copies, is hereby GRANTED. IT IS FURTHER ORDERED that plaintiff's motion to amend (DE #44) is hereby DENIED 2:09CV00184HLJ DEFENDANTS PLAINTIFF 1 without prejudice. IT IS FURTHER ORDERED that plaintiff's motion for ruling (DE #48) is hereby DENIED. IT IS FURTHER ORDERED that plaintiff's motion for copies (DE #48) is hereby GRANTED. The Clerk is directed to forward to plaintiff a copy of the docket sheet in this action, together with copies of docket entries ##7, 9, 15-27, 30, 32, 38, 39, 41. IT IS SO ORDERED this 16th day of March, 2010. __________________________________ United States Magistrate Judge 2

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