Ware v. Arnold et al

Filing 12

ORDER directing the Clerk to issue summons for defendants Paulett Arnold & Andy Allison; the U.S. Marshal is directed to serve the defendants with the 2 Complaint & 7 Amended Complaint without prepayment of fees & costs or security therefore. Signed by Magistrate Judge Jerome T. Kearney on 5/19/2010. (jct)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION JONATHAN WARE, ADC #653450 v. PAULETTE ARNOLD, et al. ORDER By Order dated April 13, 2010 (Doc. No. 3), this Court granted plaintiff's application to proceed in forma pauperis in this action filed pursuant to 42 U.S.C. 1983. However, finding plaintiff's complaint too vague and conclusory to enable the Court to determine whether it is frivolous, fails to state a claim, or states a legitimate claim, the Court directed plaintiff to submit an amended complaint within thirty days. Plaintiff has now submitted an amended complaint (Doc. No. 7). Having reviewed the original and 3:10CV00070DPM/JTK DEFENDANTS PLAINTIFF amended complaints, and construing them together, it now appears to the Court that service is appropriate with respect to plaintiff's allegations concerning placement in lock down, a disciplinary conviction without notice and a hearing, lack of exercise, and placement in the restraint chair. Accordingly, IT IS, THEREFORE, ORDERED that service is appropriate for the defendants Paulett Arnold and Andy Allison. The Clerk of the Court shall prepare summons for the defendants and the United States Marshal is hereby directed to serve a copy of the original (Doc. No. 2) and amended complaints (Doc. No. 7) and summons on defendants without prepayment of fees and costs or security therefore. IT IS SO ORDERED this 19th day of May, 2010. __________________________________ United States Magistrate Judge 1

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