Hodges et al v. Allen
ORDER finding that service is appropriate for Defendant Officer Worth. The Clerk of the Court shall prepare summons for the Defendant and the U.S. Marshal is hereby directed to serve a copy of the second amended complaint, 27 , and summons on Defendant without prepayment of fees and costs or security therefore. Signed by Magistrate Judge Jerome T. Kearney on 12/17/2015. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
MIKE ALLEN, et al.
Plaintiff has now submitted a Second Amended Complaint (Doc. No. 27) in accordance with
this Court’s November 17, 2015 Order (Doc. No. 18).
Having reviewed the Second Amended
Complaint for screening purposes only,1 it now appears to the Court that service is appropriate for
Plaintiff also names as a Defendant Jane Doe, Nursing Staff of Crittenden County Detention
Center (Doc. No. 27). Since the identity of this Defendant is not known, the Clerk cannot issue
summons, and the Marshal is unable to serve an unknown person. After the complaint is filed,
Plaintiff will be permitted to engage in limited discovery consistent with the Federal Rules of Civil
Procedure, if necessary, to try to determine the identity of the Jane Doe. Once Plaintiff is able to
identify this Defendant by name and address, the Court should be notified so that service can be
IT IS, THEREFORE, ORDERED that service is appropriate for the Defendant Officer
Worth. The Clerk of the Court shall prepare summons for the Defendant and the United States
Marshal is hereby directed to serve a copy of the Second Amended Complaint (Doc. No. 27) and
summons on Defendant without prepayment of fees and costs or security therefore.
The Prison Litigation Reform Act requires federal courts to screen prisoner complaints
seeking relief against a governmental entity, officer, or employee. 28 U.S.C. Sect. 1915A(a).
IT IS SO ORDERED this 17th day of Decenber, 2015.
JEROME T. KEARNEY
UNITED STATES MAGISTRATE JUDGE
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