Russell v. Correctional Medical Services et al

Filing 9

ORDER that service is appropriate for defts Correctional Medical Services, Richard Pritchard, Shirley Barnes, Wendy Kelly, Connie Hubbard, Rolland Anderson, and Robert Ware. The Clerk shall issue summons and the U.S. Marshal shall serve a copy of th e Amended Complaint and summons on deft Kelly in care of the ADC Compliance Division, P.O. Box 20550, Pine Bluff, AR 71612-0550 without prepayment of costs. The U.S. Marshal shall serve a copy of the Amended Complaint and summons on defts Correction al Medical Services, Richard Pritchard, Shirley Barnes, Connie Hubbard, Rolland Anderson, and Robert Ware, in care of Humphries and Lewis Law Firm, P.O. Box 20670, White Hall, AR 71612, without prepayment of fees. The Clerk is directed to correct the name of deft Shirley Barnes. The motion to Appoint Counsel (6) filed by Isaac Russell is denied without prejudice at this time. Signed by Magistrate Judge Jerome T. Kearney on 7/29/11. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
ISAAC RUSSELL,
ADC #132326
v.

PLAINTIFF
5:11-cv-00159-SWW-JTK

CORRECTIONAL MEDICAL
SERVICE, INC., et al.

DEFENDANTS
ORDER

By Order dated July 7, 2011 (Doc. No. 3), 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. 7). Having reviewed the
Amended Complaint, it now appears to the Court that service is appropriate for Defendants
Correctional Medical Services, Richard Pritchard, Shirley Barnes (formerly identified as Shirley
Banes), Wendy Kelly, Connie Hubbard, Rolland Anderson, and Robert Ware. Accordingly,
IT IS, THEREFORE, ORDERED that service is appropriate for the Defendants Correctional
Medical Services, Richard Pritchard, Shirley Barnes, Wendy Kelly, Connie Hubbard, Rolland
Anderson, and Robert Ware. 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.
7) and summons on Defendant Kelly in care of the Arkansas Board of Correction and Community

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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. 7) and summons on the Defendants Correctional
Medical Services, Richard Pritchard, Shirley Barnes, Connie Hubbard, Rolland Anderson, and
Robert Ware, 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.
The Clerk is directed to correct the name of Defendant Shirley Barnes.
IT IS FURTHER ORDERED that Plaintiff’s Motion to Appoint Counsel (Doc. No. 6) is
DENIED without prejudice at this time.
IT IS SO ORDERED this 29th day of July, 2011.

__________________________________
JEROME T. KEARNEY
UNITED STATES MAGISTRATE JUDGE

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