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)

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