Coffrey v. Moore et al

Filing 4

ORDER directing the plaintiff to submit a completed ifp application within fifteen days of the date of this Order; directing Clerk to forward to the plaintiff an in forma pauperis application; and denying 3 MOTION to Appoint Counsel filed by Thomas Caffrey without prejudice. Signed by Magistrate Judge Henry L. Jones, Jr on 11/4/09. (bkp)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION THOMAS COFFREY, ADC #98459 v. GREGG MOORE, et al. ORDER Plaintiff, a state inmate incarcerated at the East Arkansas Regional Unit of the Arkansas Department of Correction (ADC), filed this action pursuant to 42 U.S.C. 1983 and paid the $350.00 filing fee (DE #2). However, since plaintiff is incarcerated, plaintiff and the Court must rely on the United States Marshal Service for the issuance of summons and service of the complaint on the defendants. Therefore, plaintiff must first submit a completed in forma pauperis application prior to this Court's ruling on the issuance of summons in this action. Accordingly, IT IS, THEREFORE, ORDERED that plaintiff file an updated application to proceed in forma pauperis within fifteen days of the date of this Order. Failure to file such shall result in the dismissal without prejudice of plaintiff's complaint. See Local Rule 5.5(c)(2). The Clerk of the Court is hereby directed to forward to the plaintiff an in forma pauperis application. IT IS FURTHER ORDERED that plaintiff's motion for the appointment of counsel (DE #3) is hereby DENIED without prejudice. DATED this 4th day of November, 2009. 5:09CV00312HLJ DEFENDANTS PLAINTIFF __________________________________ United States Magistrate Judge

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