Davis v. Busby et al
ORDER, re 2 Complaint, 6 Amended Complaint & 11 Second Amended Complaint, directing the Clerk to issue summons for Defendants Busby, Boyd & Bonner, & the U.S. Marshal is directed to serve said Defendants, without prepayment of fees & costs or security therefor. Service is not proper for the Doe Defendants. If Plaintiff wishes to proceed against the Jane Doe Defendants, he must identify & serve those Defendants before 1/7/2011. Signed by Magistrate Judge Beth Deere on 9/9/2010. (jct)
Davis v. Busby et al
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 R I C K E Y DAVIS, JR. A D C #135373 V. D I C K BUSBY, et al. ORDER F e d e ra l courts are required to screen prisoner complaints seeking relief against a g o v e rn m e n ta l entity, officer, or employee. 28 U.S.C. § 1915A. The Court must dismiss a c o m p la in t or portion thereof if the prisoner has raised claims that: (a) are legally frivolous o r malicious; (b) fail to state a claim upon which relief may be granted; or (c) seek m o n e ta ry relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A. T h e Court has screened Plaintiff's Complaint, Amended Complaint, and Second A m e n d e d Complaint and it appears Plaintiff has stated an Eighth Amendment deliberate in d iffe re n c e claim against Defendants Busby, Boyd, and Bonner. Accordingly, service is p ro p e r for those Defendants. The Clerk of Court is directed to prepare summonses for Defendants Busby, Boyd, a n d Bonner, and the United States Marshal is directed to serve copies of the Complaint, A m e n d e d Complaint, and Second Amended Complaint with any attachments (docket e n trie s #2, #6, and #11), and the summonses for these Defendants through the Crittenden C o u n ty Sheriff's Department, 350 AFCO Road, West Memphis, Arkansas 72301, without p re p a ym e n t of fees and costs or security therefor. C A S E NO. 3:10CV00177 JLH-BD DEFENDANTS
P L A IN T IF F
Service is not proper for the Doe Defendants. The Federal Rules of Civil P ro c e d u re allow 120 days in which to serve defendants. FED. R. CIV. P. 4(m). If Plaintiff w is h e s to proceed against the Jane Doe Defendants, he must identify and serve those D e f e n d a n ts before January 7, 2011. IT IS SO ORDERED this 9th day of September, 2010.
____________________________________ U N IT E D STATES MAGISTRATE JUDGE
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