Wells v. Oakes et al

Filing 6

ORDER sustaining the objection to the Court's Order directing Plaintiff to amend, 4 . Plaintiff's embedded request for a stay and an extension are denied as moot. Wells's defamation allegation fails to state a 1983 claim. His claim fo r the value of lost personal property also fails to state a claim. Wells's vague allegation that the unlawful seizure of his vehicle violated his First Amended rights fails to state a claim as well. These claims are therefore dismissed without prejudice. Service is appropriate on Wells's Fourth Amendment claims against Oakes, Presley, and Christopher Johnson for unlawful arrest, search, and seizure. The Court directs the Clerk to prepare summons and the U.S. Marshal to serve the complaint, summons, and this Order on the defendants. Once Wells can identify the "Johnson, John Doe, Assisting Officer" defendant he should notify the Court so service can be ordered. Signed by Judge D. P. Marshall Jr. on 10/18/2015. (jak)

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