Evans v. Hardy et al

Filing 93

ORDER granting 72 Motion for Summary Judgment and dismissing deft Janice Gray without prejudice; and finding as moot 75 Motion to Compel. Defendants have seven days from the entry of t his Order to file Joann Gray's last known private mailing address under seal. Signed by Judge D. P. Marshall Jr. on 10/17/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
MARCUS D. EVANS
ADC #109369

v.

PLAINTIFF
No. 2:11-cv-235-DPM-JTR

SHANTA HARDY; AVERY COX;
BRIAN BARDEN; DAVID RICHARDSON;
KENNETH CARLOCK; DERRICK MULLINS;
SHIRELY MCDANIELS; FARON CLEMMONS;
MOSES JACKSON, III; and JANICE GRAY
DEFENDANTS

ORDER

Separate defendant Janice Gray has moved for summary judgment,
explaining that discovery showed she is not the "J. Gray" named in the
complaint. Document No. 72. Instead Joann Gray, who is no longer an ADC
employee, is the proper defendant. Janice Gray asks that she be dismissed
from this lawsuit and that Joann Gray be added as a defendant. Evans filed
a response conditionally objecting to the motion. Document No. 82. He says his
copy of the supporting brief did not contain an exhibit that would allow him
to verify the correct defendant, but that he trusts the Court to determine the
matter. Document No. 82, at 2. That exhibit, Document No. 74-1, is a payroll
document. It shows that Joann Gray, not Janice Gray, was on duty at 9 p.m.

on 1 June 2009. Janice Gray is therefore dismissed as a defendant. Because
Janice Gray is being dismissed, Evans's motion to compel her to answer his 28
June 2012 discovery requests is moot.

***
The motion for summary judgment, Document No. 72, is granted.
Defendant Janice Gray is dismissed without prejudice; and Joann Gray is
added as a defendant. Defendants have seven days from the entry of this
order to file Joann Gray's last known private mailing address under seal.
Evans's motion to compel, Document No. 75, is denied as moot.
So Ordered.
(/

D.P. Marsliall Jr.
United States District Judge

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