Elmore v. Moye et al

Filing 7

ORDER directing the Clerk of the Court to prepare summons and the U.S. Marshal to serve a copy of the original and amended complaints and summons on defts Malissa Moye and Donald W. Tate in care of ABC Compliance Division, P.O. Box 20550, Pine Bluff, AR 71612-0550, without prepayment of costs therefor. Signed by Magistrate Judge Henry L. Jones, Jr on 10/19/09. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION JEFFERY CHARELS ELMORE, ADC #91418 v. MALISSA MOYE, et al. ORDER By Order dated October 6, 2009 (DE #4), this Court granted plaintiff's application 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 plaintiff to submit an amended complaint within thirty days. Plaintiff has now submitted an amended complaint (DE #6). Having reviewed the original and amended complaints, and construing them together, it now appears to the Court that service is appropriate for defendants Moye and Tate. Accordingly, IT IS, THEREFORE, ORDERED that service is appropriate for the defendants Malissa Moye and Donald W. Tate. 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 original (DE #2) and amended complaints (DE #6) and summons on defendants in care of the Arkansas Board of Correction and Community Punishment 5:09CV00297HLJ DEFENDANTS PLAINTIFF

Compliance Division, P.O. Box 20550, Pine Bluff, AR 71612-0550, without prepayment of fees and
costs or security therefore. IT IS SO ORDERED this 19th day of October, 2009. __________________________________ United States Magistrate Judge 1