Blakely v. Kimery et al
ORDER directing the Clerk to prepare summons for defts Kimery, Shumate, Kennedy, and Culliford. The U.S. Marshal is directed to serve a copy of the Amended Complaint and summons on defts without prepayment of fees therefor. Signed by Judge James M. Moody on 8/1/12. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
OFFICER KIMERY, et al.
By Order dated March 14, 2012 (Doc. No. 4), 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. 6). Having
reviewed the Amended Complaint, it appears to the Court that service is appropriate for Defendants.
IT IS, THEREFORE, ORDERED that service is appropriate for the Defendants Kimery,
Shumate, Kennedy, and Culliford. 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. 6) and summons on these Defendants without prepayment of fees and costs or security therefore.
IT IS SO ORDERED this 1 day of August , 2012.
JAMES M. MOODY
UNITED STATES DISTRICT JUDGE
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