Earls v. Hughes et al

Filing 11

ORDER directing the Clerk to prepare summons for defts Joe Hughes, Dr. De-Saint Felix, Dorothy Langel, Deborah Louise York, Dr. Barnes, Connie Hubbard, and Correctional Medical Services, Inc. and directing the U.S. Marshal to serve a copy of the Amen ded Complaint and summons on defts in care of Humphries & Lewis Law Firm, P.O. Box 20670, White Hall, AR 71612, without prepayment of costs therefor; and denying plaintiff's motion for appointment of counsel without prejudice. Signed by Magistrate Judge Jerome T. Kearney on 11/30/10. (bkp) Modified on 11/30/2010 to correct typographical error (bkp).

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION JACOB THOMAS EARLS, ADC #114556 v. JOE HUGHES, et al. ORDER By Order dated October 18, 2010 (Doc. No. 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 him to submit an Amended Complaint within 30 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 now appears to the Court that service is appropriate for Defendants. Accordingly, IT IS, THEREFORE, ORDERED that service is appropriate for the Defendants Joe Hughes, Dr. De-Saint Felix, Dorothy Langel, Deborah Louise York, Dr. Barnes, Connie Hubbard, and Correctional Medical Services, Inc. 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 Defendants in care of Humphries and Lewis Law Firm, P.O. Box 20670, White PLAINTIFF 5:10-cv-00299-BSM-JTK DEFENDANTS Hall, AR 71612, without prepayment of fees and costs or security therefore. IT IS FURTHER ORDERED that Plaintiff's Motion for the Appointment of Counsel is hereby DENIED without prejudice. 1 IT IS SO ORDERED this 30th day of November, 2010 __________________________________ JEROME T. KEARNEY UNITED STATES MAGISTRATE JUDGE 2

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