Mills v. Clay County Detention Center et al

Filing 29

ORDER dismissing as moot 25 PARTIAL REPORT AND RECOMMENDATIONS due to the parties consent to the exercise of jurisdction by a U.S. Magistrate Judge; GRANTING 21 MOTION to Dismiss filed by Kalem Rouse. Plaintiff's claims against Kalem Rouse are DISMISSED, without prejudice. Signed by Magistrate Judge Beth Deere on 10/26/2011. (jct)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION FREDERICK A. MILLS V. PLAINTIFF NO. 3:11CV00154-BD CLAY COUNTY DETENTION CENTER, et al. DEFENDANTS ORDER The parties have consented to the exercise of jurisdiction by a United States Magistrate Judge pursuant to 28 U.S.C. § 636(c) and F.R.Civ.P. 73. (Docket entry #27) Because the case has now been moved to this Court’s docket for trial, the Partial Recommended Disposition (#25) is now moot. Now pending is Defendant Kalem Rouse’s motion to dismiss. (#21) He argues that, although he was named as a Defendant in Mr. Mills’s original complaint, he was not named as a Defendant in the amended complaint. Noting that an amended complaint supercedes an original complaint, Mr. Rouse asks that Mr. Mills’s claims against him be dismissed. Mr. Mills has responded to the motion and agrees that Mr. Rouse should be dismissed. (#24) Mr. Rouse’s motion to dismiss (#21) is GRANTED. Mr. Mills’s claims against Mr. Rouse are DISMISSED, without prejudice. IT IS SO ORDERED this 26th day of October, 2011. ____________________________________ UNITED STATES MAGISTRATE JUDGE

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