Crawford v. Ashley County Detention Center

Filing 13

ORDER denying 10 Motion for Issuance of Subpoena. The Clerk is ordered to prepare summons for defendants Johnson, Oliver, Hughs, Whitfield, and Woods and the U. S. Marshal is hereby directed to serve a copy of the 11 Amended Complaint and summons on Defendants without prepayment of fees and costs or security therefor. Signed by Magistrate Judge Jerome T. Kearney on 12/13/2013. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
SHERMAN CRAWFORD
v.

PLAINTIFF
4:13CV00653-BSM-JTK

ASHLEY COUNTY DETENTION
FACILITY, et al.

DEFENDANTS
ORDER

By Order dated December 4, 2013 (Doc. No. 7), 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. 11). Having
reviewed the Amended Complaint for screening purposes only,1 it now appears to the Court that
service is appropriate for Defendants Johnson, Oliver, Hughs, Whitfield, and Woods. Accordingly,
IT IS, THEREFORE, ORDERED that service is appropriate for the Defendants Johnson,
Oliver, Hughs, Whitfield, and Woods. 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. 11) and summons on Defendants without prepayment of fees and costs or
security therefore.

1

The Prison Litigation Reform Act requires federal courts to screen prisoner complaints
seeking relief against a governmental entity, officer, or employee. 28 U.S.C. Sect. 1915A(a).
1

IT IS FURTHER ORDERED that Plaintiff’s Motion for Issuance of Subpoena (Doc. No. 10)
is DENIED without prejudice. After the Defendants file an Answer, Plaintiff may request
documents by filing a Request for Production from the Defendants.
IT IS SO ORDERED this 13th day of December, 2013.

__________________________________
JEROME T. KEARNEY
UNITED STATES MAGISTRATE JUDGE

2