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Smith v. Barney

August 3, 2007

KIARA SMITH PLAINTIFF
v.
ANSON BARNEY, ET AL. DEFENDANTS



The opinion of the court was delivered by: Garnett Thomas Eisele United States District Judge

ORDER

Before the Court is a Motion to Set Aside Service of Process filed by purported Defendant Anson Barney. Mr. Barney is named as a Defendant, along with Police Officers Billy Joe Hancock and Dusting Lacotts, in Plaintiff's Complaint, filed pro se. Plaintiff contends that Officer Barney used excessive force in apprehending her following a car accident. Mr. Barney is sued only in his personal capacity.

The Complaint was served on the Mississippi County Sheriff's Office, via certified mail, on May 17, 2007. The motion indicates that Mr. Barney is no longer employed with Mississippi County. The motion further indicates that upon information and belief, Mr. Barney is currently employed with the Caruthersville Police Department in Caruthersville, Missouri, or the Pemiscot County Sheriff's Department in Missouri.

The Defendant's motion is well-taken and will be granted. Accordingly, IT IS HEREBY ORDERED THAT the Motion to Set Aside Service (Docket No. 6) be, and it is hereby, GRANTED.

IT IS FURTHER ORDERED THAT the United States Marshal is directed to attempt to confirm Mr. Anson Barney's employment, at one or both of the locations provide above, and to serve another copy of the Complaint and summons on the Defendant Anson Barney at his current place of employment, without prepayment of fees and costs or security therefore.

IT IS SO ORDERED this 3rd day of August, 2007.

20070803

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