Tayborn v. Kelly et al
ORDER directing the Clerk to correct name of deft Don Ball; the U.S. Marshal is directed to serve summons, complaint, and this Order on deft Ball (ADDRESS UNDER SEAL) without prepayment of fees and costs. Signed by Magistrate Judge H. David Young on 6/28/12. (vjt)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CALVIN TAYBORN, III
NO: 2:12CV00102 JLH/HDY
WENDY KELLY et al.
Plaintiff filed a complaint on May 31, 2012, and service was ordered. On June 28, 2012, the
summons was returned unexecuted as to Defendant Don Ball (docket entry #13).1 Service had been
attempted in the care of counsel for the prison’s medical contractor, but was returned because Ball
is not currently employed by the contractor. However, Ball’s last known address was provided and
filed under seal. Accordingly, service for Ball will be attempted at the address provided.
IT IS THEREFORE ORDERED THAT:
The Clerk is directed to change the style of the case to reflect the correct name of
Defendant Don Ball.
Ball’s last known address shall not be made part of any public record.
The Clerk of the Court shall prepare a summons for Ball, and the United States
Marshal is hereby directed to serve a copy of the summons and complaint (docket entry #2), and this
order, on Ball, at the address provided under seal, without prepayment of fees and costs or security
Upon re-issuance of the summons and complaint, the United States Marshal is hereby
directed to send Plaintiff’s copy of process to the Clerk of the Court, who shall then remove the
Ball’s first name was also provided.
address prior to forwarding a copy to Plaintiff.
DATED this 28
day of June, 2012.
UNITED STATES MAGISTRATE JUDGE
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