Colten et al v. Hobbs et al

Filing 52

ORDER VACATING 40 Order and reinstating J. Smith as a defendant in this action. Signed by Judge Kristine G. Baker on 2/28/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION

WILLIAM COLTEN,
ADC #147673
v.

PLAINTIFF

5:12-cv-00263-KGB-JTK

RAY HOBBS, et al.

DEFENDANTS

ORDER
Summons was returned, executed, with respect to defendant J.D. Smith on October 22, 2012
(Dkt. No. 21). Summons was returned, unexecuted, with respect to defendant J. Smith on October
22, 2012 (Dkt. No. 24). A memo included with the returns for these defendants contains the notation
“Jackie” beside the name J.D. Smith and states that no other individual with the name J. Smith is
employed by the Arkansas Department of Correction. On November 7, 2012, defendant Jackie
Smith filed an answer to plaintiff’s complaint (Dkt. No. 32). The style of the case was changed to
reflect the correct names of the defendants (Dkt. No. 34).
By Order dated December 13, 2012, this Court dismissed defendant J. Smith from this case
pursuant to Rule 4(m) of the Federal Rules of Civil Procedure due to plaintiff’s failure to serve (Dkt.
No. 40). Following the entry of that Order, summons was returned, executed, with respect to
defendant Jackie Smith (Dkt. No. 43), and on January 2, 2013, defendant Jackie Smith filed an
answer to plaintiff’s complaint (Dkt. No. 45). The Court considers Jackie Smith and J. Smith to be
the same defendant until informed otherwise. Accordingly, this Court’s December 13, 2012 Order
dismissing defendant J. Smith is hereby vacated, and defendant J. Smith is reinstated as a defendant
to this action.

SO ORDERED this 28th day of February, 2013.

____________________________________
Kristine G. Baker
United States District Judge