Lapach et al v. Reynolds et al

Filing 6

ORDER granting 1 Motion for Leave to Proceed in forma pauperis, and DIRECTING SERVICE on Rick Perteson, Brandon Reynolds, Jerry Dorty and granting 21 days to answer; Granting IFP, directing Clerk to assess filing fee and collect funds from Prison Account of Darrell Wayne Lapatch. Further directing the clerk to remove John Michael Overbey as a Plaintiff at this time. Signed by Honorable James R. Marschewski on January 7, 2010. (lw)

IN THE UNITED STATES DISTRICT COURT W E S T E R N DISTRICT OF ARKANSAS F O R T SMITH DIVISION

D AR R E L L WAYNE LAPATCH v. C i vil No. 10-2003

P L AIN T IF F

B R AN D O N REYNOLDS, Detention Officer, Johnson County Detention Center; R IC K PERTESON, Jail Administrator, Johnson C o u n ty Detention Center; JE R R Y DORTY, Sheriff, Johnson County Detention Center

DEFENDANTS

O RDE R N o w before the Court is the Motion for Leave to Proceed in forma pauperis (IFP)by D arre ll Wayne LaPatch. The application to proceed IFP is granted. Pursuant to the provisions of th e Prison Litigation Reform Act the clerk is directed to collect the $350.00 filing fee from the p lain tiff. In the Complaint (Doc. 2), John Michael Overbey is listed as a co-Plaintiff. However, t h e re is no IFP application made by Mr. Overbey, no filing fee paid by Mr. Overbey, and the facts o f the Complaint relate solely to Mr. LaPatch. Accordingly, the Clerk of Court is hereby directed to remove Mr. Overbey as a Plaintiff at this time. Additionally, upon review of the Complaint (Doc. 2) it appears the Complaint should be se rve d upon the Defendants. The Court, having heretofore entered an order allowing the plaintiff to proceed in forma p a u p e r i s and directing the clerk to file the Complaint, hereby directs the United States Marshal to serve the defendants Brandon Reynolds, Rick Perteson, and Jerry Dorty. Defendants may be

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se rve d at the Johnson County Sheriff's Department and County Jail, 301 Porter Industrial Road, C larks vi lle , Arkansas, 72830. Defendants are to be served without prepayment of fees and costs or security therefor. The d e fe n d an t s are ordered to answer within twenty-one (21) days from the date of service.

IT IS SO ORDERED this 7th day of January 2010.

/s/ J. Marschewski HON. JAMES R. MARSCHEWSKI UNITED STATES MAGISTRATE JUDGE

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