Crawford v. Van Buren County, Arkansas et al

Filing 14

ORDER that Motions 5 13 to Strike and Set Aside Service of Process on separate deft Debby Fogle are GRANTED. Signed by Judge Susan Webber Wright on 3/23/10. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION GLORIA JEAN CRAWFORD, Plaintiff, vs. VAN BUREN COUNTY, ARKANSAS; ET AL., Defendants. * * * * * * * * * * Order Before the Court are the motions of separate defendant Van Buren County to strike and set aside service of process on separate defendant Debby Fogle, Van Buren County Animal Control Officer, to which there has been no timely response. The Court finds the motions should be granted. According to Van Buren County, plaintiff attempted service on Fogle at the Van Buren County Animal Control Office on or about January 21, 2010. Separate defendant states Fogle has not worked at that office in years and moved out of state some time ago. Therefore, plaintiff's attempt to serve her at that location was ineffective under Fed.R.Civ.P. 4(e) and should be stricken and set aside. Separate defendant further submits a copy of an order for nolle prosequi of a criminal case, finding that Fogle, the State's key material witness, cannot be located. IT IS THEREFORE ORDERED that the motion to strike [doc. no. 5] and the supplemental motion to strike [doc. no. 13] should be and are hereby granted. DATED this 23rd day of March, 2010. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE No. 4:09CV00932 SWW

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