Jones v. Straughn et al

Filing 9

ORDER re 7 Amended Complaint. Service is appropriate for defts Andre Morrison, Joseph Williams, and Melvin Wooten. The Clerk shall issue summons and the U.S. Marshal shall serve the summons and second Amended Complaint on defts in care of the ADC Compliance Office, P.O. Box 20550, Pine Bluff, AR 71612-0550, without prepayment of fees therefor. Signed by Magistrate Judge Jerome T. Kearney on 7/31/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
BENJAMIN MUHAMMAD JONES,
ADC #89586
v.

PLAINTIFF

5:12-cv-00189-SWW-JTK

WILLIAM STRAUGHN, et al.

DEFENDANTS
ORDER

By Order dated June 15, 2012 (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 with respect to a majority of the named Defendants, 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 responded with an Amended Complaint,
but it failed to comply with the instructions set forth in the Court’s June 15, 2012 Order (Doc. No.
5). Therefore, the Court granted Plaintiff one final opportunity in which to amend his Complaint,
and to clarify the claims he intended to pursue (Doc. No. 6). Plaintiff has now filed a second
Amended Complaint in which he states he wishes to pursue his denial of access to the Courts claim
against Defendants Morrison, Joseph Williams, and Wooten, and his excessive force claim against
Defendant Morrison. Accordingly,
IT IS, THEREFORE, ORDERED that service is appropriate for Defendants Andre Morrison,
Joseph Williams, and Melvin Wooten. The Clerk shall issue summons for the Defendants, and the
United States Marshal is directed to serve a copy of the summons and second Amended Complaint
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(Doc. No. 7) on 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 31st day of July, 2012.

__________________________________
JEROME T. KEARNEY
UNITED STATES MAGISTRATE JUDGE

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