Opinion
No. 1:06-cv-01250 ALA P.
January 23, 2008
ORDER
Plaintiff Johnny Evans is a state prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. On December 13, 2007, Plaintiff filed a fourth amended complaint. The fourth amended complaint states a cognizable claim for relief pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 1915A(b). If the allegations of the fourth amended complaint are proven, Plaintiff has a reasonable opportunity to prevail on the merits of this action.
In accordance with the above, IT IS HEREBY ORDERED that: 4
1. Service is appropriate for Defendant C. Delouth. 2. The Clerk of the Court shall send Plaintiff 1 USM-285 forms, one summons, an instruction sheet and a copy of the fourth amended complaint filed December 13, 2007. 3. Within thirty-five (35) days from the date of this order, Plaintiff shall complete the attached Notice of Submission of Documents and submit the following documents to the court: a. The completed Notice of Submission of Documents; b. One completed summons; c. One completed USM-285 form for each defendant listed in number 1 above; and d. Two copies of the endorsed amended complaint filed December 13, 2007. 4. Plaintiff need not attempt service on Defendant and need not request waiver of service. Upon receipt of the above-described documents, the court will direct the United States Marshal to serve the above-named defendant pursuant to Federal Rule of Civil Procedure without payment of costs.