Bailey v. Hobbs et al

Filing 21

ORDER granting pltf's 19 motion to dismiss John Doe Defendant; pltf's claims against Doe defendant are dismissed without prejudice. Signed by Chief Judge J. Leon Holmes on 3/23/11. (vjt)

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-BD Bailey v. Hobbs et al Doc. 21 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION DARRELL BAILEY, ADC #800039 v. RAY HOBBS, et al. ORDER Plaintiff Darrell Bailey filed this action pro se under 42 U.S.C. 1983, alleging that the Defendants violated his due process rights. He named John Doe, Classification Administrator, as a defendant. Mr. Bailey was ordered to identify and serve the John Doe defendant on or before June 8, 2011. On March 3, 2011, Mr. Bailey filed a document purporting to identify the Doe Defendant, but the individual's name was illegible. Therefore, Mr. Bailey was ordered to file another amended complaint that legibly identified the John Doe Defendant. Mr. Bailey now has filed a motion to dismiss the John Doe Defendant because he cannot identify this Defendant and no longer wants to proceed against this person. For good cause, Mr. Bailey's motion (#19) is GRANTED, and his claims against the John Doe Defendant are DISMISSED without prejudice. IT IS SO ORDERED this 23rd day of March, 2011. Case No. 5:11CV00031 JLH-BD DEFENDANTS PLAINTIFF ___________________________________ UNITED STATES DISTRICT JUDGE

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