Burns et al v. Byrd et al

Filing 13

ORDER directing that the U.S. Marshal serve a copy of the complaint, this order and summons on defts without prepayment of fees. Signed by Magistrate Judge H. David Young on 10/29/08. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS LITTLE ROCK DIVISION MICHAEL BURNS et al. V. KARL BYRD et al. ORDE R Plaintiffs filed a pro se complaint pursuant to 42 U.S.C. § 1983, on August 27, 2008 (docket entry #2). On October 29, 2008, the undersigned entered findings and recommendations NO: 4:08CV01836 JLH/HDY DEFENDANTS PLAINTIFFS

recommending that the claims of all Plaintiffs except Michael Burns be dismissed without prejudice (docket entry #11). That recommendation is pending at this time. Construing Plaintiff Burns's complaint liberally, the Court concludes that, for screening purposes, Burns states a cognizable claim for relief against Defendants. IT IS THEREFORE ORDERED THAT service is appropriate on Defendants, and the United States Marshal is directed to serve a copy of the complaint (docket entry #2), this order, and summons on Defendants, without prepayment of fees and costs or security therefor.1 IT IS SO ORDERED this 29 day of October, 2008.

UNITED STATES MAGISTRATE JUDGE

1

Burns has been granted leave to proceed in forma pauperis (docket entry #4).