York et al v. Riley (MAG+)

Filing 17

ORDER: that plaintiffs' objections filed on February 16, 2010 11 are OVERRULED as moot. The Court notes that plaintiffs continue to object to the stay of service and to the recommendation that J.Y. be dismissed. 16 . Signed by Hon. Chief Judge Mark E. Fuller on 3/16/2010. (jg, )

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION A N N E T T E YORK, et al., P l a i n t if f s , v. B O B RILEY, et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) )

C A S E NO. 2:09-cv-1163-MEF-WC (W O )

ORDER O n February 3, 2010, Magistrate Judge Capel entered an order granting plaintiff's m o t io n "to accept the evidence not in favor of stay of service of defendants" (Doc. #7), o rd e rin g plaintiff Ashley York to file a long form application to proceed in forma pauperis o n or before February 17, 2010, ordering the dismissal of plaintiff J.Y., a minor, and granting p la in tif f s' motion to amend the complaint (Doc. #7) and ordering plaintiffs to file an a m e n d e d complaint on or before February 24, 2010. (Doc. #10). Plaintiffs filed objections to this order on February 16, 2010. (Doc. #11). O n February 17, 2010, plaintiff Ashley York filed a motion for leave to proceed in fo rm a pauperis. (Doc. #13). On February 18, 2010, Magistrate Judge Capel entered an order a n d report and recommendation, vacating its order dismissing plaintiff J.Y., a minor, and iss u in g a recommendation that J.Y. be dismissed. (Doc. #14). Plaintiffs filed objections to th is order and report and recommendation on March 4, 2010. (Doc. #16). On February 24, 2 0 1 0 , plaintiffs filed their second amended complaint. (Doc. #15).

Because all orders from Magistrate Judge Capel's order issued on February 3, 2010 (D o c . #10) have either been complied with or vacated, it is hereby O R D E R E D that plaintiffs' objections filed on February 16, 2010 (Doc. #11) are O V E R R U L E D as moot. The Court notes that plaintiffs continue to object to the stay of s e rv ic e and to the recommendation that J.Y. be dismissed. (See Doc. #16). D O N E this the 16th day of March, 2010.

/s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE