Perry v. Miller et al

Filing 8

ORDER directing the Clerk to prepare summons on defts Nurse V. Miller and Nurse F. Dean and the U.S. Marshal to serve a copy of the original and amended complaints and summons on the defts in care of Humphries & Lewis Law Firm without prepayment of costs therefor. Signed by Magistrate Judge Henry L. Jones, Jr on 11/4/09. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION MICHAEL RAY PERRY, ADC #96905 v. V. MILLER, et al. ORDER By Order dated October 19, 2009 (DE #3), 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 #5). Having reviewed the original and amended complaints, and construing them together, it now appears to the Court that service is appropriate with respect to defendants Nurse V. Miller and Nurse F. Dean. Accordingly, IT IS, THEREFORE, ORDERED that service is appropriate for the defendants Miller and Dean. 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 #5) and summons on 5:09CV00309HLJ DEFENDANTS PLAINTIFF

defendants in care of Humphries and Lewis Law Firm, P.O. Box 20670, White Hall, AR 71612, without prepayment of fees and costs or security therefore.
IT IS SO ORDERED this 4th day of November, 2009.

__________________________________ United States Magistrate Judge 1