Duncan v. Martin et al

Filing 9

ORDER directing the Clerk to prepare summons for defts E. Martin, Jr., G. Clarke, Deputy Scruggs, Deputy Alder, and Chief Randy Morgan. The U.S. Marshal is directed to serve the Amended Complaint and summons on defts without prepayment of fees therefor. Signed by Magistrate Judge Jerome T. Kearney on 3/24/11. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION RICHARD JERMAIN DUNCAN, #12907-10 v. E. MARTIN, JR., et al. ORDER By Order dated February 14, 2011 (Doc. No. 6), 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 him to submit an Amended Complaint within thirty days. The Court also cautioned Plaintiff that an Amended Complaint would render the Original Complaint without legal effect, and would take the place of his Original Complaint. Plaintiff has now submitted an Amended Complaint (Doc. No. 8). Having reviewed the Amended Complaint, it now appears to the Court that service is appropriate for Defendants Martin, Clarke, Scruggs, Alder, and Morgan. Accordingly, IT IS, THEREFORE, ORDERED that service is appropriate for the Defendants E. Martin, Jr., G. Clarke, Deputy Scruggs, Deputy Alder, and Chief Randy Morgan. 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 Amended Complaint (Doc. No. 8) and summons on Defendants without prepayment of fees and PLAINTIFF 4:10-cv-02046-DPM-JTK DEFENDANTS costs or security therefore. 1 IT IS SO ORDERED this 24th day of March, 2011. __________________________________ JEROME T. KEARNEY UNITED STATES MAGISTRATE JUDGE 2

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