Gray et al v. McKann et al
ORDER directing the Clerk to prepare summons for Defendants Smith, McMullian, Hibbit & Nurse Diane, & the U.S. Marshal is hereby directed to serve a copy of the Amended Complaints 14 & 15 upon these Defendants, without prepayment of fees & costs or security therefore. Signed by Magistrate Judge Jerome T. Kearney on 6/7/2011. (jct)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
RUBBY JAMES GRAY and
JACK MCKANN, et al.
By Order dated May 18, 2011 (Doc. No. 12), this Court granted Plaintiffs’ Motions to
Proceed in forma pauperis in this action filed pursuant to 42 U.S.C. § 1983. However, finding their
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 them to submit an Amended
Complaint within thirty days. The Court also cautioned Plaintiffs that an Amended Complaint
would render the Original Complaint without legal effect, and would take the place of the Original
Complaint. Plaintiffs have each submitted an Amended Complaint (Doc. Nos. 14, 15). Having
reviewed these Amended Complaints, it appears to the Court that service is appropriate for
Defendants John Smith, Debra McMullian, Pam Hibbit, and Nurse Diane. Accordingly,
IT IS, THEREFORE, ORDERED that service is appropriate for the Defendants Smith,
McMullian, Hibbit and Nurse Diane. 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 Amended
Complaints (Doc. Nos. 14, 15) and summons on these Defendants, without prepayment of fees and
costs or security therefore.
IT IS SO ORDERED this 7th day of June, 2011.
JEROME T. KEARNEY
UNITED STATES MAGISTRATE JUDGE
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