Philmlee v. Byrd et al

Filing 10

ORDER finding that service is appropriate for defts Bobby Brown, John Randall, Lloyd Vincent, and Gary Stewart and directing the Clerk of the Court to prepare summons and the U.S. Marshal to serve a copy of the original and amended complaints and summons on defts without prepayment of fees therefor. Signed by Magistrate Judge Jerome T. Kearney on 4/22/10. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION TRAVIS PHILMLEE, SR. v. CARL BYRD, et al. ORDER By Order dated March 31, 2010 (Doc. No. 4), 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 (Doc. No. 6). Having reviewed the original and 4:10CV00176SWW/JTK D EFENDANTS PLAINTIFF

amended complaints, and construing them together, it now appears to the Court that service is appropriate for defendants Brown, Randall, Vincent, and Stewart. Accordingly, IT IS, THEREFORE, ORDERED that service is appropriate for the defendants Bobby Brown, John Randall, Lloyd Vincent, and Gary Stewart. 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 (Doc. No. 2) and amended complaints (Doc. No. 6) and summons on defendants without prepayment of fees and costs or security therefore. IT IS SO ORDERED this 22nd day of April, 2010.

__________________________________ United States Magistrate Judge

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