Lira-Perez v. Arkansas, State of et al

Filing 6

ORDER granting 4 Motions for Leave to Proceed in forma pauperis and Motion for Service, and DIRECTING SERVICE of summons and USM285 for each defendant being served. The clerk is directed to substitute Sheriff Hollenbeck as a defendant in place of the Sheriff's Department. ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Sheriff Hollenbeck and granting 21 days to answer, and directing Clerk to assess filing fee and collect funds from Prison Account of Uriel Lira-Perez. Signed by Honorable James R. Marschewski on April 24, 2013. (cc: U.S. Marshals Service)(sh)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION URIEL LIRA-PEREZ v. PLAINTIFF Civil No. 12-2239 STATE OF ARKANSAS; SEBASTIAN COUNTY, ARKANSAS; SEBASTIAN COUNTY SHERIFF’S DEPARTMENT; and JOHN DOE DEFENDANTS ORDER The Plaintiff has filed a motion to proceed in forma pauperis (IFP)(Doc. 4). The motion (Doc. 4) is granted. Pursuant to the provisions of the Prison Litigation Reform Act, the Clerk is directed to collect the $350 filing fee from the Plaintiff. Plaintiff has named as Defendants Sebastian County and the Sebastian County Sheriff’s Department. The Sheriff’s Department is not a person subject to suit under 42 U.S.C. § 1983. The Clerk is directed to substitute Sheriff Hollenbeck as a Defendant in place of the Sheriff’s Department. A claim against Sheriff Hollenbeck in his official capacity is the equivalent of a claim against Sebastian County. For this reason, no separate service will directed against Sebastian County. The Court hereby directs the United States Marshal to serve the Sheriff Hollenbeck. He maybe served at the Sebastian County Sheriff’s Office, 800 South A Street, Fort Smith, AR 72901. Defendant is to be served without prepayment of fees and costs or security therefor. The Defendant is ordered to answer within twenty-one (21) days from the date of service. The Clerk is directed to prepare and issue summons and a USM 285 for each Defendant being served. IT IS SO ORDERED this 24th day of April 2013. /s/ J. Marschewski HON. JAMES R. MARSCHEWSKI CHIEF UNITED STATES MAGISTRATE JUDGE

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