Aaron v. Haltom et al

Filing 17

ORDER granting 13 Motion for Reconsideration and directing the Clerk to prepare summons for defts Brent Haltom and J.R. Howard and the U.S. Marshal to serve defts with a copy of the complaint, the December 1, 2008 Order and summons without prepayment of fees. Signed by Magistrate Judge Henry L. Jones, Jr on 2/5/09. (bkp)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION BARRY G. AARON, ADC #97176 v. BRENT HALTOM, et al. ORDER This matter is before the court on plaintiff's motion to proceed with his case (DE #13). By Order dated November 13, 2008 (DE #3), this Court granted plaintiff's application to proceed in forma pauperis in this action filed pursuant to 42 U.S.C. 1983. However, the Court dismissed plaintiff's injunctive relief action seeking production of DNA evidence from his 1991 criminal case, for failure to state a claim (DE #5). Upon plaintiff's motion for reconsideration, the Court noted the circuits are split over whether a convicted person has a constitutional right to post-conviction access to forensic evidence for DNA testing purposes that may be enforced under section 1983. Also noting that the issue has not been addressed by the Eighth Circuit Court of Appeals, the Court granted plaintiff's motion for reconsideration, vacated the November 14, 2008 Order of dismissal, and remanded the action to the Undersigned for further proceedings. Based on the Order granting the motion for reconsideration, the Court finds plaintiff's present motion to proceed should be granted and summons and service on the defendants should be issued. Accordingly, IT IS, THEREFORE, ORDERED that plaintiff's motion to proceed with his case (DE #13) is hereby GRANTED. Service is appropriate for the defendants Brent Haltom and J. R. Howard. The Clerk of the Court shall prepare summons for the defendants and the United States Marshal is hereby directed 1 4:08CV04128GTE/HLJ DEFENDANTS PLAINTIFF to serve a copy of the complaint and the December 1, 2008 Order (DE ##2, 10) and summons on defendants without prepayment of fees and costs or security therefore. IT IS SO ORDERED this 5th day of February, 2009. __________________________________ United States Magistrate Judge 2

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