Wells v. Payment et al

Filing 23

ORDER dismissing defendant Correctional Officer Jeff re 3 Amended Complaint filed by Willie Wells. Signed by Judge Kristine G. Baker on 02/27/2013. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
WILLIE WELLS
v.

PLAINTIFF
3:12-cv-00251 KGB-JTK

OFFICER PAYMENT, et al.

DEFENDANTS
ORDER

Plaintiff filed an Amended Complaint on December 17, 2012 (Dkt. No. 3), which renders
his original Complaint (Dkt. No. 1) without legal effect. See In re Atlas Van Lines, Inc., 209 F.3d
1064, 1067 (8th Cir. 2000). Therefore, defendant Correctional Officer Jeff, who is not named in the
Amended Complaint, is hereby DISMISSED. See Barnes v. United States, 111 Fed. Appx. 441, 443
(8th Cir. 2004) (noting that certain defendants had been dismissed by virtue of their absence from
plaintiff’s amended complaint).
SO ORDERED this 27th day of February, 2013.

____________________________________
Kristine G. Baker
United States District Judge