Sheets v. Edwards et al

Filing 11

ORDER directing the U.S. Marshal to serve summons, complaints 2 8 , and this Order on defts Edwards, Hacker, and Sanchez without prepayment of fees and costs. Signed by Magistrate Judge Jerome T. Kearney on 6/9/11. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION BRANDON T. SHEETS, ADC #652781 v. PLAINTIFF 4:11-cv-00357-JMM-JTK CLAYTON EDWARDS, et al. DEFENDANTS ORDER By Order dated May 5, 2011 (Doc. No. 3), this Court granted Plaintiff’s Motion 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 Clayton Edwards, Jeff Hacker, and Dr. Sanchez. Accordingly, IT IS, THEREFORE, ORDERED that service is appropriate for the Defendants Clayton Edwards, Jeff Hacker, and Dr. Sanchez. 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 these Defendants without prepayment of fees and costs or security therefore. 1 IT IS SO ORDERED this 9th day of June, 2011. __________________________________ JEROME T. KEARNEY UNITED STATES MAGISTRATE JUDGE 2

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