Ball v. Singleton et al

Filing 9

ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Spence McMorris, Lori Rook, Justin Schobey, James Singleton and granting 21 days to answer; ORDER granting 7 Motion to Correct Spelling of Defendant's Name; granting in part and denying in part 8 Motion for Service. Signed by Honorable Barry A. Bryant on October 5, 2015. (cc: U.S. Marshals Service - Certified) (mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION DAVID BALL v. PLAINTIFF Civil No. 4:15-cv-04065 SHERIFF JAMES SINGLETON; NURSE LORI ROOK; OFFICER SPENCE McMORRIS; OFFICER JUSTIN SCHOBEY; and HEMPSTEAD COUNTY QUORUM COURT DEFENDANTS ORDER Plaintiff has filed a Motion (ECF No. 7) to correct the last name of the Defendant listed as Justin Shobey. The correct spelling of his last name is Schobey. The Motion (ECF No. 7) is GRANTED. The Clerk is directed to note this on the docket sheet. The Plaintiff has also filed a Motion for Service (ECF No. 8). The Motion (ECF No. 8) is GRANTED in part and DENIED in part. The Hempstead County Quorum Court will not be served. The Plaintiff has named Sheriff James Singleton as a Defendant in his official capacity. This is the equivalent of naming Hempstead County as a Defendant. It would therefore be duplicative to also serve the Quorum Court. The Clerk is directed to terminate the Hempstead County Quorum Court as a Defendant. The Court, having heretofore entered an order allowing the Plaintiff to proceed in forma pauperis and directing the Clerk to file the complaint, hereby directs the United States Marshal to serve the Defendants Sheriff Singleton, Nurse Rook, Officer McMorris and Officer Schobey. The Defendants may be served at the Hempstead County Detention Facility, 312 South Washington Street, Hope, AR 71801. Defendants are to be served without prepayment of fees and costs or security therefor. The Defendants are 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 5th day of October 2015. /s/ Barry A. Bryant HON. BARRY A. BRYANT UNITED STATES MAGISTRATE JUDGE

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