Fitzgerald v. Busby et al

Filing 15

ORDER, re 2 Complaint, 6 Amended Complaint & 11 Second Amended Complaint, the Clerk is directed to issue Summons for Defendant Shrader & Defendant Peterson, & the U.S. Marshal is directed to serve the Defendants without prepayment of fees and c osts or security. Service is not appropraite for Defendant Babin or the Doe defendant. If Plaintiff wishes to proceed against the Doe defendant, he is ordered to identify the Doe defendant on or before 10/1/09. Signed by Magistrate Judge Beth Deere on 6/8/09. (jct)

IN THE UNITED STATES DISTRICT COURT E A S T E R N DISTRICT OF ARKANSAS J O N E S B O R O DIVISION

N A T H A N I E L L. FITZGERALD V. D I C K BUSBY, et al. ORDER C A S E NO. 3:09CV00065 SWW-BD

P L A IN T IF F

DEFENDANTS

T h e Court has screened the Plaintiff's Second Amended Complaint under 28 U .S .C . § 1915 and finds that service is appropriate for Defendant Shrader. The Clerk of the Court is directed to prepare a Summons for Defendant Shrader, a n d the United States Marshal is directed to serve copies of the Complaint (docket entry # 2 ), Amended Complaint (#6), and Second Amended Complaint (#11) with any a tta c h m e n ts , and a Summons for Defendant Shrader through the Crittenden County S h e rif f 's Department, 350 AFCO Road, West Memphis, Arkansas 72301, without p re p a ym e n t of fees and costs or security. S e rv ic e of the Second Amended Complaint is not appropriate for Defendant Babin o r the Doe defendant. Plaintiff's claims against Defendant Babin will be addressed in a s e p a ra te Report and Recommendation. With regard to the Doe defendant, the Federal R u le s of Civil Procedure allow 120 days in which to serve defendants. FED. R. CIV. P. 4 (m ). If Plaintiff wishes to proceed against the Doe defendant, he is ordered to identify th e Doe defendant on or before October 1, 2009.

The Court also finds that service is appropriate for Defendant Lindsey Peterson. Defendant Peterson previously was identified as a Doe Defendant. The Clerk of the Court is directed to prepare a Summons for Defendant Peterson, a n d the United States Marshal is directed to serve copies of the Complaint (#2), Amended C o m p la in t (#6), and Second Amended Complaint (#11) with any attachments, and a S u m m o n s for Defendant Peterson through the Crittenden County Sheriff's Department, 3 5 0 AFCO Road, West Memphis, Arkansas 72301, without prepayment of fees and costs o r security. IT IS SO ORDERED this 8th day of June, 2009.

____________________________________ U N IT E D STATES MAGISTRATE JUDGE

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