Thurmond v. Ryals et al

Filing 46

ORDER rejecting 35 the proposed findings and recommendations recommending dismissal of plaintiff Rashan Dixon for failure to respond to discovery. New counsel has been appointed since that time. Instead, Dixon's new lawyers should have the opportunity to respond to discovery. The 44 motion for extension of time to respond to the proposed findings and recommendations is denied as moot, a new scheduling order will follow. Signed by Chief Judge Brian S. Miller on 9/26/2017. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
SAM EDWARD THURMOND, SR., ADC #127149;
KHALAN ELLINGTON, ADC #655082;
RASHAN DIXON, ADC #108165;
BOBBY RAY WYLES, JR., ADC #149401;
TERRY DON BEAVER, ADC #657603;
JEREMY TODD HALEY
v.

PLAINTIFFS

CASE NO. 4:17-CV-00222 BSM
CASE NO. 4:17-CV-00223 BSM
CASE NO. 4:17-CV-00224 BSM
CASE NO. 4:17-CV-00248 BSM
CASE NO. 4:17-CV-00289 BSM
CASE NO. 4:17-CV-00368 BRW
CASE NO. 4:17-CV-00375 JM

TIM RYALS,
Sheriff, Faulkner County, et al.

DEFENDANTS

ORDER
The proposed findings and recommendations [Doc. No. 35] submitted by United
States Magistrate Judge Jerome T. Kearney recommending dismissal of plaintiff Rashan
Dixon for failing to respond to discovery have been received. New counsel has been
appointed since that time, however. See Doc. No. 45. Accordingly, the proposed findings
and recommendations will not be adopted, and Dixon will not be dismissed. Instead, Dixon’s
new lawyers should have an opportunity to respond to discovery. The motion for extension
of time [Doc. No. 44] to respond to the proposed findings and recommendations is denied
as moot, and a new scheduling order will follow.

IT IS SO ORDERED this 26th day of September 2017.

________________________________
UNITED STATES DISTRICT JUDGE

2