Thornton v. Evans et al
ORDER 4 Order granting motion to proceed ifp. The Clerk is directed to prepare summons for defts Evans, Straughn, Outlaw, Kelly, York, Powell, Harris and Davis, and the U.S. Marshal is directed to serve these defts with summons and a copy of the Am ended Complaint 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 costs therefor. Signed by Magistrate Judge Jerome T. Kearney on 5/10/11. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
BILLY THORNTON, JR.,
MARVIN EVANS, JR., et al.
By Order dated April 14, 2011 (Doc. No. 4), this Court granted Plaintiff’s motion 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 thirty 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. 8). Having reviewed the
Amended Complaint, it appears to the Court that service is appropriate for Defendants Evans,
Straughn, Outlaw, Kelly, York, Powell, Harris and Davis, on his claim for denial of access to the
IT IS, THEREFORE, ORDERED that service is appropriate for the Defendants Evans,
Straughn, Outlaw, Kelly, York, Powell, Harris, and Davis. 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. 8) and summons on these Defendants 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.
IT IS SO ORDERED this 10th day of May, 2011.
JEROME T. KEARNEY
UNITED STATES MAGISTRATE JUDGE
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