Conway v. Correctional Medical Services et al

Filing 44

ORDER granting 34 Motion to Clarify; granting 35 37 Motion to Take Depositions from Byron L. Conway, ADC #113285. Signed by Magistrate Judge Jerome T. Kearney on 6/7/10; and directing the Clerk to issue summons on Zonnie (Jones) Burnell and to reissue the summons and service on defts Jerry Douglas and Nicole (Stacy) Granger and the U.S. Marshal to serve summons on these defts without fees and costs therefor (bkp)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS HELENA DIVISION BYRON L. CONWAY, ADC #113285 v. CORRECTIONAL MEDICAL SERVICES, INC., et al. ORDER This matter is before the Court on plaintiff's motion to clarify (Doc. No. 34) and defendants' motions for leave of Court to depose the plaintiff, pursuant to Fed.R.Civ.P. 30(a)(2) (Doc. Nos. 35, 37). By Order dated May 10, 2010, this Court directed plaintiff to clarify the identity of defendant Zennie Burnell (Doc. No. 31), prior to the Court issuing summons and service. Plaintiff has responded in his motion to clarify, by stating that the correct name of the defendant is Zonnie (Jones) Burnell, and asks the Court to direct the issuance of summons and service on this defendant. The Court will grant the plaintiff's motion. The Court will also grant defendants' motions to depose the plaintiff. Accordingly, IT IS, THEREFORE, ORDERED that plaintiff's motion to clarify (Doc. No. 31) is hereby GRANTED. The Clerk of the Court shall prepare summons for defendant Zonnie (Jones) Burnell and the United States Marshal is hereby directed to serve a copy of the summons and original and amended complaints (Doc. Nos. 2, 5) on defendant Burnell at the address provided under seal (Doc. No. 23), without fees and costs and security therefore. The Clerk of the Court shall also reissue the summons and service on defendants Jerry Douglas and Nicole (Stacy) Granger, as originally set forth in the Court's May 6, 2010 Order (Doc. No. 28). 2:10CV00010SWW/JTK DEFENDANTS PLAINTIFF 1 IT IS FURTHER ORDERED that the defendants' motions to depose the plaintiff (Doc. Nos. 35, 37) are hereby GRANTED. IT IS SO ORDERED this 7th day of June, 2010. ___________________________________ United States Magistrate Judge 2

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