Logan v. May et al

Filing 33

ORDER directing the Clerk to correct name of deft Albert Kittrell; the U.S. Marshal is directed to serve summons, complaint, and this Order on deft Kittrell without prepayment of fees and costs. Signed by Magistrate Judge H. David Young on 3/12/12. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS HELENA DIVISION RICK LOGAN ADC #86813 PLAINTIFF V. NO: 2:12CV00007 JMM/HDY LARRY MAY et al. DEFENDANTS ORDER Plaintiff filed this complaint on January 9, 2012, and service was ordered. On March 9, 2012, the summons was returned unexecuted as to Defendant Albert Kittrell (docket entry #32).1 Service had been attempted in the care of the Arkansas Department of Correction (“ADC”), but was returned because Kittrell is not an ADC employee. However, it appears that Kittrrell may be employed by the prison’s medical contractor. Accordingly, service will be attempted in the care of counsel for the contractor. IT IS THEREFORE ORDERED THAT: 1. The Clerk is directed to change the style of the case to reflect the correct name of Defendant Albert Kittrell. 2. Service is appropriate for Kittrell, and the United States Marshal is directed to serve a copy of the complaint (docket entry #2), this order, and summons, upon him, in the care of counsel for the prison’s medical contractor, without prepayment of fees and costs or security therefor. DATED this 12 day of March, 2012. UNITED STATES MAGISTRATE JUDGE 1 A note accompanying the return provided Kittrell’s correct name.

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