Smith v. Arkansas, State of et al

Filing 36

ORDER granting 31 and 33 MOTIONS to Dismiss. Fred Smith's claims against J. Bigham, Desoto County Sheriff Department, Arkansas State Police, Thomas D. Deen, Mike Middleton, Rick McKelvey, and Barry Roy, in their individual and official capacities, are hereby dismissed without prejudice. Signed by Judge J. Leon Holmes on 11/5/2013. (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;
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
Defendants J. Bigham and the Desoto County Sheriff Department have filed a motion to
dismiss. Similarly, the Arkansas State Police, Thomas D. Deen, Mike Middleton, Rick McKelvey,
and Barry Roy, in their individual and official capacities, have filed a motion for judgment on the
pleadings. On October 28, 2013, the Court entered an Order giving notice to the plaintiff, Fred
Smith, that he must file a response to these motions on or before November 4, 2013, or the Court
would assume that he did not oppose them and would act accordingly. Smith has not filed a response
to either motion. The motions are therefore GRANTED. Documents #31 and #33. Fred Smith’s
claims against J. Bigham, Desoto County Sheriff Department, Arkansas State Police, Thomas D.
Deen, Mike Middleton, Rick McKelvey, and Barry Roy, in their individual and official capacities, are
hereby dismissed without prejudice.
IT IS SO ORDERED this 5th day of November, 2013.

J. LEON HOLMES
UNITED STATES DISTRICT JUDGE