Jamerson v. Pope County et al

Filing 35

ORDER ADOPTING 30 Partial Report and Recommendations denying as moot plaintiff's 16 Motion for Extension of Time to Complete Discovery; 15 granting Motion to Extend Time in which to serve defts Benefield, Johnston, Hamilton and Melton for sixty days 18 Motion to Dismiss Party denied as to deft Pope County and granted as to Pope County Sheriff's Department and Pope County Detention Center; and directing that plaintiff notify the court no later than September 30, 2009, as to whether she has retained counsel to represent her in this lawsuit, or if she intends to proceed without counsel. Signed by Judge James M. Moody on 9/8/09. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION CHERYL E. JAMERSON, Personal Representative of the Estate of James E. Jamerson, Deceased and CHERYL E. JAMERSON, individually and as the wife of James E. Jamerson, Deceased vs. Civil Case No. 4:08CV00651 HLJ

PLAINTIFF

POPE COUNTY; POPE COUNTY SHERIFF'S DEPARTMENT; POPE COUNTY DETENTION CENTER; JAY WINTERS, Pope County Sheriff; CAPTAIN TERRY BAILEY, Director of Pope County Detention Center; LIEUTENTANT DANNY SOREY; OFFICERS SGT. JAMIE GRAY, ERIC BENEFIELD, CHRIS JOHNSTON, DARRELL MEARS, PETER HAMILTON and MARK MELTON, Individually and in Their Official Capacities, Jointly and Severally ORDER

DEFENDANTS

The Court has reviewed the Proposed Findings and Recommended Disposition received from Magistrate Judge Henry L. Jones, Jr. There have been no objections. are adopted in their entirety The Findings and Recommendations as this Court's findings, as

clarified in the Magistrate Judge's Order entered on August 26, 2009, and as modified below. IT IS THEREFORE ORDERED that Plaintiff's Motion to Extend Time in which to serve process on Defendants Eric Benefield, Chris Johnston, Peter Hamilton and Mark Melton for sixty days (DE # 15) is granted nunc pro tunc to January 29, 2009, and Plaintiff is

granted thirty days from the date of this order to show why Defendants Eric Benefield and Peter Hamilton should not be

dismissed under Rule 4(m) for failure to perfect service. IT IS FURTHER ORDERED that Plaintiff's Motion to change Proposed Trial Date, to Extend Summons, to Extend discovery and Motion to Change Deadline for Filing Motions (DE # 16) is denied as moot. IT IS FURTHER ORDERED that Separate Defendants' Motion to Dismiss (DE # 18) is denied as to Defendant Pope County; the Motion is hereby granted as to Pope County Sheriff's Department and Pope County Detention Center. IT IS FURTHER ORDERED that Plaintiff notify the court no later than September 30, 2009, as to whether, if counsel's motion to be relieved is granted, she has newly retained counsel to represent her in this lawsuit, or if she intends to proceed without counsel. SO ORDERED this 8 day of September, 2009.

UNITED STATES DISTRICT JUDGE

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