Campbell v. Chism et al

Filing 10

ORDER reopening case and directing the Clerk to issue summons for defts Chism, McGlothin, Giggure and Robinson and the U.S. Marshal to serve a copy of the summons, original and amended complaints on defts without prepayment of fees. Signed by Judge James M Moody on 11/29/06. (bkp) Modified on 11/30/2006 to correct spelling of McGlothin (pag, ).

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Campbell v. Chism et al Doc. 10 Case 4:06-cv-01538-HDY Document 10 Filed 11/29/2006 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION ROGER CAMPBELL, ADC #078423 v. RON CHISM, et al. ORDER By Order dated October 23, 2006, this Court directed plaintiff to file an amended complaint within thirty days (DE #3). After not receiving the amended complaint, the Court dismissed plaintiff's action for failure to prosecute, by Order and Judgment dated November 28, 2006. However, it appears that plaintiff did in fact comply with the Court's Order when he filed a complaint on November 1, 2006. However, that complaint was erroneously docketed as a new case, Campbell v. Chism, 4:06cv01586WRW/JTR (Campbell II), rather than as an amended complaint in this case (Campbell I). By Order dated November 28, 2006, an Order was entered in Campbell II, dismissing that case and directing that the complaint be filed as an amended complaint in this case. Accordingly, IT IS, THEREFORE, ORDERED that this case be RE-OPENED. IT IS FURTHER ORDERED that service is appropriate for the defendants Ron Chism, Sharon McGlothin, Mr. Giggure, and Ms. Robinson. The Clerk is directed to issue summons for these defendants and the United States Marshal is directed to serve a copy of the summons, original and amended complaints (DE ##2, 8) on defendants without prepayment of fees and costs or security therefore. IT IS SO ORDERED this 29th day of November, 2006. ___________________________________ United States District Judge PLAINTIFF 4:06CV01538 JMM/HDY DEFENDANTS

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