Roberts v. Kelly et al

Filing 25

ORDER directing the Clerk of Court to prepare summons for Defendant Lamb through the Arkansas Department of Correction Compliance Division and directing the U.S. Marshal to serve copies of the 2 complaint, 24 amended complaint, with any attac hments, and a summons without prepayment of fees, costs, or security. Mr. Roberts's claims against Defendant Mitchell are dismissed without prejudice. The Clerk is instructed to terminate Defendant Mitchell as a party Defendant. Signed by Magistrate Judge Beth Deere on 7/28/2016. (mef)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
BRUNSON ROBERTS,
ADC #127841
V.

PLAINTIFF
CASE NO. 5:16-CV-138-DPM-BD

WENDY KELLEY, et al.

DEFENDANTS
ORDER

Mr. Roberts has now filed his amended complaint. (Docket entry #24) The
allegations in the amended complaint state a constitutional claim against Defendant John
Lamb. Accordingly, service is now proper for Defendant Lamb.
The Clerk of Court is directed to prepare a summons for Defendant Lamb. The
United States Marshal is directed to serve copies of the complaint, the amended
complaint, with any attachments (#2, #24), and a summons for this Defendant without
requiring prepayment of fees and costs or security. Service for Defendant Lamb should
be through the Arkansas Department of Correction Compliance Division, P.O. Box
20550, Pine Bluff, Arkansas 71612.
In addition, in his amended complaint, Mr. Roberts has moved to voluntarily
dismiss his claims against Defendant Mitchell. For good cause, Mr. Roberts’s claims
against Defendant Mitchell are DISMISSED, without prejudice. The Clerk is instructed
to terminate Defendant Mitchell as a party Defendant.

Mr. Roberts’s claims against the Arkansas Parole Board will be addressed in a
separate order.
IT IS SO ORDERED, this 28th day of July, 2016.

_____________________________________
UNITED STATES MAGISTRATE JUDGE

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