Bryant v. Hobbs et al
ORDER directing the Clerk to prepare summons and the U.S. Marshal to serve the defts with a copy of the summons, original and amended complaints in care of Humphries & Lewis Law Firm, P.O. Box 20670, White Hall, AR, 71612, without prepayment of fees therefor. Signed by Magistrate Judge Jerome T. Kearney on 7/20/12. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
RAY HOBBS, et al.
By Order dated July 2, 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, 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. 5).1 Having reviewed
the Amended Complaint, it now appears to the Court that service is appropriate for Defendants Obi,
Clyde, Simmons, Anderson, Summerville, Clower, Corizon Medical Services, Inc., and Stell.
Plaintiff has identified one Defendant as “Doe, Unknown Nurse.” Since the identity of this
Defendant is not known, the Clerk can not issue summons, and the Marshal is unable to serve an
unknown person. After the complaint is filed, Plaintiff will be allowed to engage in limited
discovery consistent with the Federal Rules of Civil Procedure, if necessary, to try to determine the
identity of the Doe Nurse. Once plaintiff is able to identify Defendant by name and address, the
In his Amended Complaint, Plaintiff incorporates by reference the allegations of his
Original Complaint against Defendant Obi (Doc. No. 5, p. 11). Therefore, the Court will direct that
both the Original and Amended Complaints be served on the parties.
Court should be notified so that service can be ordered. Accordingly,
IT IS, THEREFORE, ORDERED that service is appropriate for the Defendants Obi, Clyde,
Simmons, Anderson, Summerville, Clower, Corizon Medical Services, Inc., and Stell. 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 Original and Amended Complaints (Doc. Nos. 2, 5) and summons
on these Defendants 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.
IT IS SO ORDERED this 20th day of July, 2012.
JEROME T. KEARNEY
UNITED STATES MAGISTRATE JUDGE
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