Poe v. Howell et al

Filing 13

ORDER directing the Clerk to prepare summons and the U.S. Marshal to serve summons and the amended complaint on defts Kay Howell and Wendy Kelley in care of the ADC Compliance Division and on defts J. Savoy and Dr. Barnes in care of Humphries & Lewis Law Firm, without prepayment of fees therefor; and further ordering defts to file a response to pltf's motion for temporary restraining order, which this Court construes as a motion for preliminary injunctive relief, within 15 days of service. Signed by Magistrate Judge Jerome T. Kearney on 3/14/11. (kpr)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION COREY RAY POE, ADC #135995 v. KAY HOWELL, et al. ORDER By Order dated February 14, 2011 (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. 11). 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. 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 Kay Howell and Wendy Kelley in care of the Arkansas Board of Correction and Community Punishment Compliance Division, P.O. Box 20550, Pine Bluff, AR 71612-0550, without prepayment of fees and costs or security therefore. The United States Marshall is directed to serve a copy of the Amended Complaint (Doc. No. 11) and summons on the Defendants J. Savoy and Dr. Barnes in care of
1

PLAINTIFF 5:11-cv-00019-DPM-JTK DEFENDANTS

Humphries and Lewis Law Firm, P.O. Box 20670, White Hall, AR 71612, without prepayment of fees and costs or security therefore. IT IS FURTHER ORDERED that Defendants shall file a Response to Plaintiff's Motion for Temporary Restraining Order, which this Court construes as a Motion for Preliminary Injunctive Relief (Doc. No. 12), within fifteen days of service. IT IS SO ORDERED this 14th day of March, 2011.

__________________________________ JEROME T. KEARNEY UNITED STATES MAGISTRATE JUDGE

2