Allen v. Morris

Filing 114

ORDER ADOPTING 111 Partial Report and Recommendations and granting defts' request for dismissal of deft Larry Morris due to his death; granting 110 Motion to Amend/Correct and directing plaintiff to file his second amended complaint within seven days of entry of this Order. Signed by Judge Brian S. Miller on 6/4/10. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION JOHN H. ALLEN V. NO. 4:93cv00398 BSM-JWC DEFENDANTS PLAINTIFF

LARRY MORRIS, Sheriff, and MONROE COUNTY, ARKANSAS, et al. ORDER

The court has received the partial recommended disposition from Magistrate Judge Jerry Cavaneau. There have been no objections. After carefully reviewing the partial recommended disposition and reviewing the record de novo, it is concluded that the partial recommended disposition should be, and hereby is, approved and adopted in all respects in its entirety. Accordingly, defendants' request for dismissal of defendant Larry Morris as a named party (Doc. No. 105) is granted due to his death. Plaintiff's motion for leave to file a second amended complaint joining the Estate of Larry Morris as a defendant (Doc. No. 110) is granted. Plaintiff is directed to file his second amended complaint within seven (7) days of entry of this order, substituting the Estate of Larry Morris as a defendant for purposes of plaintiff's individual-capacity claims and identifying Morris's successor in office for purposes of any official-capacity claims. Plaintiff is also ordered to effectuate service pursuant to the Federal Rules of Civil Procedure. IT IS SO ORDERED this 4th day of June, 2010. ______________________________ UNITED STATES DISTRICT JUDGE