Stebbins v. Harp & Associates Real Estate Services

Filing 8

ORDER DIRECTING SERVICE on Defendant and granting 21 days to answer from the date of service; granting 2 Motion for Leave to Proceed in forma pauperis and denying as moot 3 Motion for Service. Further directing Clerk of Court to prepare and issue summons and USM 285 for Defendant and forward those documents to the USMS. Signed by Honorable James R. Marschewski on November 15, 2011. (cc: U.S. Marshals Service-Certified)(lw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HARRISON DIVISION DAVID A. STEBBINS v. PLAINTIFF CIVIL No. 11-cv-3078 HARP & ASSOCIATES REAL ESTATE SERVICES DEFENDANT ORDER David A. Stebbins submitted this pro se action for filing, alleging Defendant discriminated against him on the basis of his disability. ECF No. 1. Plaintiff has failed to submit the $350.00 filing fee with his Complaint, by has moved to proceed in forma pauperis (“IFP”). ECF No. 2. After review of the IFP application, it is hereby ORDERED that Plaintiff’s IFP application, ECF No. 2, be GRANTED.1 IT IS FURTHER ORDERED, that the Clerk of Court prepare and issue summons and a USM 285 for the named Defendant and forward those documents to the United States Marshal. The United States Marshal is directed to serve the Defendant. Defendant may be served through its agent of service, Cathy Golden at Sprott & Golden Law Firm, P.O. Box 1800, Harrison, Ar 72601, without prepayment of fees and costs or security therefor. Defendant is ordered to answer or otherwise respond to the petition within twenty-one (21) days from the date of service. The Motion for Service, ECF No. 3, is DENIED as moot. IT SO ORDERED this 15th day of November 2011. /s/ J. Marschewski HON. JAMES R. MARSCHEWSKI CHIEF U.S. MAGISTRATE JUDGE 1 The undersigned notes that Plaintiff’s Complaint, including the matter of service and application to proceed IFP have been pending since September. However, the undersigned was provided no notice of Plaintiff’s Complaint and accompanying motions until the present time, and has ruled upon those motions as received.

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