Carter v. McHan

Filing 8

ORDER directing the Clerk to prepare summons for deft Tony McHan. The U.S. Marshal is directed to serve a copy of the amended complaint and summons on deft in care of the ABC Compliance Division, P.O. Box 20550, Pine Bluff, AR 71612-0550, without prepayment of fees therefor. Signed by Magistrate Judge Jerome T. Kearney on 1/23/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
EDWARD LEE CARTER,
ADC #108307
v.

PLAINTIFF
4:11-cv-00864-BSM-JTK

TONY MCHAN, et al.

DEFENDANTS
ORDER

By Order dated December 16, 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
Defendant McHan on Plaintiff’s First Amendment claim of denial of access to the courts.
Accordingly,
IT IS, THEREFORE, ORDERED that service is appropriate for the Defendant Tony McHan.
The Clerk of the Court shall prepare summons for the Defendant and the United States Marshal is
hereby directed to serve a copy of the Amended Complaint (Doc. No. 5) and summons on Defendant
in care of the Arkansas Board of Correction and Community Punishment Compliance Division, P.O.
Box 20550, Pine Bluff, AR 71612-0550, without prepayment of fees and costs or security therefore.

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IT IS SO ORDERED this 23rd day of January, 2012.

__________________________________
JEROME T. KEARNEY
UNITED STATES MAGISTRATE JUDGE

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