Conrad v. Dunn et al

Filing 118

Order GRANTING IN PART 116 MOTION for Extension of Time to File Answer and Special Report filed by Michael Harrison. Defendant is ORDERED to file his answer and special report no later than 1/21/2020. Counsel for correctional Defenda nts is ORDERED to provide Defenant Mallorie Mixon's address under seal no later than 01/21/2020. Plaintiff is ORDERED to advise Court in writing if he wants to dismiss Defendant Mixon on or before 1/17/2020 as set out. Signed by Magistrate Judge Katherine P. Nelson on 01/09/2020. (srd) Copy to Plaintiff.

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

ROBERT CONRAD, #226791,
Plaintiff,
vs.

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:
:

JEFFERSON DUNN, et al.,

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Defendants.

CIVIL ACTION 17-0107-TFM-N

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ORDER

This action is before the Court on Defendant Michael Harrison’s Motion for an
Extension (Doc. 116, PageID.1020) seeks an extension until February 3, 2020 to file his
answer and special report. Upon consideration of the Motion, the Motion is GRANTED,
in part, to the following extent. Defendant Harrison is ORDERED to file his answer and
special report no later than January 21, 2020.
Review of the Court’s file reflects that Defendant Mallorie Mixon has not been able
to be served after several attempts. Counsel for correctional Defendants is ORDERED to
provide no later than January 21, 2020 Defendant Mixon’s address only to the Court
under seal so service may be attempted again on Mixon. However, inasmuch as the
earlier affidavits provided by Mixon, in other cases based on the same circumstances of
this case, provide that Mixon was not present at Holman on November 9, 2016, has never
been to Holman, and was only employed by ADOC as a drug treatment counselor at
Ventress Correctional Facility from February 2015 to May 2017 (see Griggs, CA No. 16-

0626-JB-MU, Doc. 122-5, PageID.733), Plaintiff is ORDERED no later than January 17,
2020 to advise the Court, in writing, if he wants to dismiss Defendant Mixon and his claims
against her from this action in order to avoid the expenditure of time and resources in
obtaining service on Defendant Mixon. See Mixon’s affidavits in Robinson, 17-0075-TFMMU (Doc. 116-4, PageID.459 (same)); Faulkner, CA No. 17-0077-JB-MU (Doc. 103-2,
PageID.744 (same), Doc. 128, PageID.849 – Recommended dismissal of Mixon, among
others, Doc. 135, PageID.944 – final order of dismissal of Mixon entered January 7, 2020).
DONE and ORDERED this 9th

day of January, 2020.

/s/ KATHERINE P. NELSON
UNITED STATES MAGISTRATE JUDGE

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