Holloway v. Magness et al
ORDER directing the Clerk of Court to prepare summonses for Defendants Magness, Hobbs, Corizon, Griffin, Willfong, Boardman, Morgan, Peyton, Gardner, Kelley, and Ashley. The U.S. Marshal is directed to serve copies of the 2 Complaint and 4 Amended Complaint with any attachments and a summons for these Defendants. Service for the Doe Defendants is not proper. Mr. Holloway has 120 days to identiy and serve the Doe Defendants. Signed by Magistrate Judge Beth Deere on 9/3/2013. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
CASE NO. 5:13CV00245 JLH/BD
BENNY MAGNESS, et al.
Winston Holloway filed this lawsuit pro se under 42 U.S.C. § 1983 and is
proceeding in forma pauperis. (Docket entries #2, #3) Because Mr. Holloway included a
variety of unrelated claims in his original complaint, he was instructed to amend his
complaint to include only one claim. (#3) He has now filed his amended complaint. (#4)
Based on the allegations contained in his amended complaint, Mr. Holloway has
stated a deliberate-indifference claim against Defendants Magness, Hobbs, Corizon,
Griffin, Willfong, Boardman, Morgan, Peyton, Gardner, Kelley, and Ashley.1
Accordingly, service is proper.
The Clerk of Court is directed to prepare summonses for Defendants Magness,
Hobbs, Corizon, Griffin, Willfong, Boardman, Morgan, Peyton, Gardner, Kelley, and
Ashley. The United States Marshal is directed to serve copies of the complaint and the
amended complaint, with any attachments (docket entries #2, #4), and a summons for
these Defendants without requiring prepayment of fees and costs or security. Service for
Although the docket sheet lists Defendant Peyton as “Adon Dana Paxton,” Mr.
Holloway identifies this Defendant as Adon Dana Peyton.
Defendants Magness, Hobbs, Kelley, and Ashley should be through the Arkansas
Department of Correction Compliance Division, P.O. Box 20550, Pine Bluff, Arkansas
71612. Service for Defendants Corizon, Griffin, Willfong, Boardman, Morgan, Peyton,
and Gardner should be through counsel for Corizon, Inc., Humphries & Lewis, P. O. Box
20670, White Hall, Arkansas 72612.
Service for the Doe Defendants is not proper. Mr. Holloway has 120 days to
identify and serve the Doe Defendants. His failure to do so will result in the dismissal of
the Doe Defendants. See FED. R. CIV. P. 4(m).
IT IS SO ORDERED this 3rd day of September, 2013.
UNITED STATES MAGISTRATE JUDGE
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