Butler v. Smith et al

Filing 25

ORDER finding as moot 14 REPORT AND RECOMMENDATIONS & it is not adopted by the Court. The case is referred back to Magistrate Judge Beth Deere for appropriate action. Signed by Judge James M. Moody on 10/15/2010. (jct)

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-BD Butler v. Smith et al Doc. 25 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION MARK A. BUTLER V. JOHN SMITH, ET AL. ORDE R On September 10, 2010, the Magistrate Judge recommended that plaintiff's complaint be dismissed for failure to file as directed an amended complaint. On September 22, 2010, plaintiff was again directed by this Court to file on, or before, October 4, 2010, an amended complaint explaining only one of his constitutional claims, identifying each defendant, explaining exactly what each defendant did that violated his rights, and explaining exactly how each defendant injured plaintiff. Plaintiff filed a response which the Court construed as a Motion for Extension of Time. Plaintiff was granted an extension of time in which to file his complaint. Plaintiff has now timely filed his amended complaint. Based upon plaintiff's compliance, the recommendation for dismissal which was filed before plaintiff's compliance is now moot and, as such, is not adopted by the Court. The case is referred back to the Magistrate Judge for appropriate action. IT IS SO ORDERED THIS 15 day of October , 2010. CASE NO. 3:10CV00172 JMM DEFENDANTS PLAINTIFF James M. Moody United States District Judge Dockets.Justia.com

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