Wright v. Opelt et al

Filing 16

ORDER terminating John Doe (K-9 Dog, Camden Police Department); denying as moot 14 Motion to Dismiss. Signed by Honorable Barry A. Bryant on August 2, 2016. (mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION MAX WRIGHT v. PLAINTIFF Civil No. 1:16-cv-01058 SERGEANT BEN OPELT, Camden Police Department; LIEUTENANT GILBERT, Camden Police Department; And OFFICER PLYLER, Camden Police Department DEFENDANTS ORDER Plaintiff Max Wright originally filed his complaint pro se on April 20, 2016 in the Eastern District of Arkansas. ECF No. 2. On June 22, 2016 the case was transferred to the Western District of Arkansas. ECF No. 6. Before the Court is a Motion to Dismiss separate Defendant John Doe (K-9 Dog). ECF No. 14. On July 5, 2016 I entered an Order directing service of Plaintiff's Complaint on Defendants Ben Opelt, Lieutenant Gilbert, and Officer Plyler. ECF No. 2. In the Order I noted although Plaintiff had named “John Doe (K-9 dog)” as an additional defendant, a dog is not a proper defendant subject to service. Therefore, John Doe (K-9 Dog) is not a defendant before this Court. The Clerk is DIRECTED to terminate Dr. John Doe, K-9 Dog as a defendant in this matter. Accordingly, Defendants’ Motion to Dismiss (ECF No. 14) is DENIED as moot. IT IS SO ORDERED this 2nd day of August 2016. /s/ Barry A. Bryant HON. BARRY A. BRYANT UNITED STATES MAGISTRATE JUDGE      

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