Abram v. Earle Arkansas, City of

3:05-cv-00164 | E.D. Ark. | Aug 23, 2005

Case 3:05-cv-00164-GH Document 37 Filed 08/23/05 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION STACY ABRAM, JR. PLAINTIFF v. No. 3:05CV00164 GH CITY OF EARLE, ARKANSAS; ET AL. DEFENDANTS

ORDER Plaintiff’s August 16 th motion (#30) to amend complaint has been rendered moot by the filing of the amended complaint on August 15 th . As reflected in paragraph No. 5 of the motion, the Clerk did consult with the undersigned’s chambers and was advised that, under these unique circumstances, [1] the amended complaint should be filed.

In accordance with the July 27 th order granting plaintiff in forma pauperis status, the U.S. Marshal for the Eastern District of Arkansas is directed to serve the summons and amended complaint on the new defendant, who was added to this action by the August 15 th amended complaint, pursuant to Rule 4(c)(iii) of the Federal Rules of Civil Procedure. The Marshal shall serve the summons pursuant to the provisions of Rule 4 of the Federal Rules of Civil Procedure.

The City of Turrell’s August 12 th motion (#28) to dismiss is denied without prejudice to re-file as a separate pleading. Local Rule 7.2 provides in part: Case 3:05-cv-00164-GH Document 37 Filed 08/23/05 Page 2 of 2 (a) All motions except those mentioned in paragraph (d) shall be accompanied by a brief consisting of a concise statement of relevant facts and applicable law. Both documents shall be filed with the Clerk, and copies shall be served on all other parties affected by the motion. (e) Pretrial motions for temporary restraining orders, motions for preliminary injunctions, and motions to dismiss , shall not be taken up and considered unless set forth in a separate pleading accompanied by a separate brief. [Emphasis supplied.] Finally, the Earle defendants’ August 18 th motion (#34) for extension of time until August 26 th

in which to respond to the complaint and amended complaint is granted. IT IS SO ORDERED this 23 rd day of August, 2005. ________________________________

UNITED STATES DISTRICT JUDGE

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NOTES

[1] When plaintiff had checked with the Clerk’s office in Jonesboro, no answer had been filed by any defendant. However, by the time plaintiff arrived at the Clerk’s office in Little Rock to file his amended complaint, an answer/motion to dismiss had been filed by the City of Turrell. -1-