Henderson v. Ward et al

Filing 18

ORDER directing that, on or before 2/19/2016, Henderson shall file an amended complaint, as further set out in order; further ORDERING pursuant to Rule 25(d) of the Federal Rules of Civil Procedure that the Clerk amend the style of this action to s ubstitute Tony Helms, in his official capacity as Sheriff of Geneva County, Alabama, for Greg Ward; the 15 Motion to Dismiss filed by Defendants Geneva CountySheriffs Office and Geneva County, Alabama, is DENIED as moot. Signed by Honorable Judge Gray Michael Borden on 2/4/16. (djy, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
PHILANA HENDERSON,
Plaintiff,
v.
TONY HELMS, et al.,
Defendants.

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CASE NO. 1:15-cv-955-GMB
(WO – Do Not Publish)

ORDER
On December 29, 2015, Plaintiff Philana Henderson (“Henderson”) filed a lawsuit
against Greg Ward, in his official capacity as Sheriff of Geneva County, Alabama; the
Geneva County Sheriff’s Office; and Geneva County, Alabama. Doc. 1. On January 20,
2016, Defendants Geneva County Sheriff’s Office and Geneva County, Alabama moved
to dismiss Henderson’s complaint. Doc. 15. The court ordered Henderson to show cause
why this motion should not be granted (Doc. 16), and on February 3, 2016, Henderson
responded by indicating that she consents to the dismissal of Defendants Geneva County
Sheriff’s Office and Geneva County, Alabama, but that she will continue to pursue her
claims against the Geneva County Sheriff in his official capacity. Doc. 17.
Based on the foregoing, and to clarify Henderson’s claims, it is ORDERED that, on
or before February 19, 2016, Henderson shall file an amended complaint that does not
name the Geneva County Sheriff’s Office and Geneva County, Alabama as defendants in
this lawsuit and further removes any general references to “Defendants” in her allegations,
since Henderson will only be pursuing her claims against a single defendant—the Sheriff

of Geneva County, Alabama. It is further ORDERED pursuant to Rule 25(d) of the Federal
Rules of Civil Procedure that the Clerk of Court amend the style of this action to substitute
Tony Helms, in his official capacity as Sheriff of Geneva County, Alabama, for Greg Ward.
In light of this order, the Motion to Dismiss (Doc. 15) filed by Defendants Geneva County
Sheriff’s Office and Geneva County, Alabama, is DENIED as moot.
DONE this 4th day of February, 2016.
/s Gray M. Borden
UNITED STATES MAGISTRATE JUDGE

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