Austin v. Johnson
ORDER directing the Clerk to prepare summons for defts Johnson, Wilson, McGree, Hall, Berry and Nelson. The U.S. Marshal is directed to serve a copy of the Amended Complaint and summons on these defts without prepayment of fees therefor. The 9 MOTION to Appoint Counsel filed by Cedric Austin is denied without prejudice. Signed by Magistrate Judge Jerome T. Kearney on 10/3/11. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CARL LYNN JOHNSON, et al.
By Order dated August 8, 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. The Court granted Plaintiff’s Motion for Extension of Time in which to
submit his Complaint on September 9, 2011 (Doc. No. 6), and Plaintiff has now submitted an
Amended Complaint, adding five Defendants (Doc. No. 8).
Having reviewed the Amended
Complaint, it appears to the Court that service is appropriate for Defendants. Accordingly,
IT IS, THEREFORE, ORDERED that service is appropriate for the Defendants Johnson,
Wilson, McGree, Hall, Berry, and Nelson. 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.
IT IS FURTHER ORDERED that Plaintiff’s Motion to Appoint Counsel (Doc. No. 9) is
DENIED without prejudice.
IT IS SO ORDERED this 3rd day of October, 2011.
JEROME T. KEARNEY
UNITED STATES MAGISTRATE JUDGE
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