Motes v. Cochran et al

Filing 35

Order WITHDRAWING 33 REPORT AND RECOMMENDATIONS re MOTION for Summary Judgment filed by C.O. Pittman, F. Jackson, Trey Oliver, III, Sam Cochran. Responses to 32 Order re Motion for Summary Judgment are due by 6/25/2021. Motion to be taken under submission on 6/26/2021 as set out. Clerk is DIRECTED to send a copy of 32 Order to Plaintiff with this Order. Signed by Magistrate Judge Katherine P. Nelson on 05/05/2021. (srd) Copies to Plaintiff.

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
BARRY L. MOTES, JR.,
AIS #00243680,
Plaintiff,
vs.
SAM COCHRAN, et. al,
Defendants.

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CIVIL ACTION NO. 19-00037-JB-N

ORDER
In light of the letter dated April 29, 2021, and received by the Court on May 3,
2021, from Plaintiff Barry L. Motes, Jr., an Alabama prisoner proceeding pro se,
which indicates his desire to continue prosecuting this action, the undersigned
WITHDRAWS the Report and Recommendation dated and entered April 29, 2021
(Doc. 33). See Frye v. Warden, San Quentin State Prison, 200 F. Supp. 3d 1035, 104042 (E.D. Cal. 2016) (finding that “a magistrate judge cannot be said to lose jurisdiction
immediately upon issuing” a recommendation and may sua sponte withdraw or
amend that recommendation after objections are filed). Further, the deadline for
Motes to respond to the pending motion for summary judgment, as discussed in the
Court’s order dated February 23, 2021 (Doc. 32), is hereby extended to Friday, June
25, 2021. The motion for summary judgment will now be taken under submission on
Saturday, June 26, 2021, subject to the condition that any of the Defendants may
file and serve a reply to any response in opposition no later than 14 days from the

date the Clerk of Court enters the response on the docket of this action.1
Once the motion is taken under submission, no further submissions related to the
issues raised may be filed unless (1) the submission is in accordance with S.D. Ala.
CivLR 7(f)(3),2 or (2) the proponent obtains leave of court for good cause shown.
The Clerk of Court is DIRECTED to send a copy of the Court’s order dated
February 23, 2021 (Doc. 32) to the Plaintiff along with this order.
DONE and ORDERED this the 5th day of May 2021.
/s/ Katherine P. Nelson
KATHERINE P. NELSON
UNITED STATES MAGISTRATE JUDGE

The Motion for Summary Judgment is being submitted without oral argument.
Should the Court determine that oral argument would be of assistance, a hearing will
be set by separate order. See Fed. R. Civ. P. 78(b); S.D. Ala. CivLR 7(h).

1

“If pertinent and significant authority comes to a party’s notice after the briefs have
been filed, but before decision, a party may promptly advise the Court by notice
setting forth the citations and stating the reason the authority was not cited in the
party’s brief. The notice must specifically refer either to a page of the brief(s) already
filed or to a point argued orally. The notice may not exceed two (2) pages and must
not present a new argument. No response may be filed unless the presiding Judge so
authorizes.” S.D. Ala. CivLR 7(f)(3).

2