Ruth v. Byrd et al
ORDER directing the Clerk of the Court to prepare summons and the U.S. Marshal to serve defts Andrews, Piechoki, Pickard, Huffman, Roberson and Thomas with the summons and complaint without prepayment of fees and costs therefor. Signed by Magistrate Judge Henry L. Jones, Jr on 4/30/09. (bkp)
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION JAMES REGINALD RUTH, ADC #102001 v. KARL BYRD, et al. ORDER By Order dated March 17, 2009 (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, finding plaintiff's 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 plaintiff to submit an amended complaint within thirty days. Plaintiff has now submitted an amended complaint (DE #5). Having reviewed the original and amended complaints, and construing them together, it now appears to the Court that service is appropriate for defendants Andrews, Piechoki, Pickard, Huffman, Roberson, and Thomas. Accordingly, IT IS, THEREFORE, ORDERED that service is appropriate for the defendants Lt. Andrews, Sgt. Piechoki, Cpl. Pickard, Officer Huffman, Officer Roberson, and Officer Thomas. 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 original (DE #2) and amended complaints (DE #5) and summons on defendants without prepayment of fees and costs or security therefore. IT IS SO ORDERED this 30th day of April, 2009. __________________________________ United States Magistrate Judge 4:09CV00196HLJ DEFENDANTS PLAINTIFF
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