Smith v. Arkansas, State of et al

Filing 27

ORDER granting 16 Motion to Dismiss. Fred Smith's complaint is dismissed without prejudice as to Pam Stephenson. Signed by Judge J. Leon Holmes on 8/21/2013. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
FRED SMITH, State Representative
v.

PLAINTIFF
No. 3:13CV00050 JLH

STATE OF ARKANSAS; THOMAS D. DEEN;
PAM STEPHENSON; APRIL CANTRELL;
RICK G. MCKELVEY; BARRY E. ROY;
MIKE MIDDLETON; ARKANSAS STATE
POLICE; DERMOTT SCHOOL DISTRICT;
J. BIGHAM, Deputy Sheriff; and DESOTO
COUNTY SHERIFF DEPARTMENT

DEFENDANTS

ORDER
On July 26, 2013, Pam Stephenson filed a motion to dismiss the complaint against her on the
basis that venue does not lie in the Jonesboro Division and because she was not properly served with
summons and complaint. The plaintiff, Fred Smith, has not responded. From a review of the motion
and brief, it appears that Stephenson was not properly served with summons and complaint as
required by the Federal Rules of Civil Procedure. Therefore, her motion to dismiss is GRANTED.
Document #16. Fred Smith’s complaint is dismissed without prejudice as to Pam Stephenson.
IT IS SO ORDERED this 21st day of August, 2013.

J. LEON HOLMES
UNITED STATES DISTRICT JUDGE