Wallace v. Kelley et al.
ORDER directing the Clerk to prepare summons for defts Moore, Warren, May, Lay and Bland. The U.S. Marshal is directed to serve a copy of the Amended Complaint and summons on defts May and Lay c/o ADC Compliance Office. Summons and the Amended Complaint should be served on defts Moore, Warren and Bland c/o Humphries and Lewis Law Firm, P.O. Box 20670, White Hall, AR 71612, without prepayment of costs therefor. Signed by Magistrate Judge Jerome T. Kearney on 6/6/13. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
BYRON L. WALLACE,
WENDY KELLEY, et al.
By Order dated May 29, 2013 (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). Having reviewed the
Amended Complaint for screening purposes only,1 it now appears to the Court that service is
appropriate for Defendants Moore, Warren, May, Lay, and Bland. Accordingly,
IT IS, THEREFORE, ORDERED that service is appropriate for the Defendants Moore,
Warren, May, Lay, and Bland. 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. 5) and summons on Defendants May and Lay in care of the Arkansas Board of Correction and
Community Punishment Compliance Division, P.O. Box 20550, Pine Bluff, AR 71612-0550,
The Prison Litigation Reform Act requires federal courts to screen prisoner complaints
seeking relief against a governmental entity, officer, or employee. 28 U.S.C. Sect. 1915A(a).
without prepayment of fees and costs or security therefore. The United States Marshal is directed
to serve a copy of the Amended Complaint (Doc. No. 5) and summons on the Defendants Moore,
Warren, and Bland 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 6th day of June, 2013.
JEROME T. KEARNEY
UNITED STATES MAGISTRATE JUDGE
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