Nesmith v. Bonner et al
ORDER re 3 Order granting motion for ifp and ordering pltf to submit an Amended Complaint. Pltf has now submitted the Amended Complaint and service is appropriate for defts Bonner, Fuerentez, and Winters. The Clerk shall prepare summons and the U.S. Marshal shall serve a copy of the Amended Complaint and summons on defts without prepayment of fees therefor. Signed by Magistrate Judge Jerome T. Kearney on 11/4/11. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CPL. BONNER, et al.
By Order dated September 30, 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. 5). Having
reviewed the Amended Complaint, it now appears to the Court that service is appropriate for
Defendants Bonner, Fuerentez, and Winters on his claims of deliberate indifference to his serious
medical needs and of negligence under state law. Accordingly,
IT IS, THEREFORE, ORDERED that service is appropriate for the Defendants Bonner,
Fuerentez, and Winters. 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. 5)
and summons on these Defendants without prepayment of fees and costs or security therefore.
IT IS SO ORDERED this 4th day of November, 2011.
JEROME T. KEARNEY
UNITED STATES MAGISTRATE JUDGE
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