Pugh v. Dix et al

Filing 142

ORDER REOPENING CASE, granting 139 MOTION to Amend Order of District Judge 138 Judgment filed by Christopher Lenard Pugh. The 137 order and 138 judgment adopting the report and recommendation are VACATED. Signed by Judge Kristi K. DuBose on 8/4/2011. Copy of order, 128 R&R, and 134 response mailed to plaintiff as directed. (sdb)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
CHRISTOPHER LENARD PUGH,

:

Plaintiff,

:

vs.

: CIVIL ACTION 09-0016-KD-N

OFFICER RICHARD DIX, et al,

:

Defendants.

:
ORDER

This action is before the Court on plaintiff Christopher Lenard Pugh’s Motion to Alter or
Amend a Judgment (doc. 139). Plaintiff argues that he did not receive a copy of the report and
recommendation and therefore, he did not have an opportunity to respond to the report and
recommendation.
Accordingly, the motion (doc. 139) is GRANTED and the order and judgment adopting
the report and recommendation are vacated. The Clerk of the Court is directed to re-mail a
copy of the report and recommendation to plaintiff at his current address.
Additionally, plaintiff asserts that he did not receive a copy of the defendants’ response to
plaintiff’s motion for contempt of court and motion for leave to amend (doc. 134). The
certificate of service indicates that the response was mailed to a post office box at Mr. Meigs,
Alabama. That is an incorrect address. Therefore, the Clerk of the Court is directed to mail a
copy of the response (doc. 134) to plaintiff at his current address.
DONE this the 4th day of August, 2011.

s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE