Stewart et al v. Conrad et al

Filing 111

ORDER denying 104 MOTION to Continue filed by Terrance Proctor; granting pltf's 106 MOTION for Service on Grant Harris; Grant Harris added; the U.S. Marshal is directed to serve summons, complaint, and this Order on Harris without prepayment of fees and costs. Signed by Magistrate Judge H. David Young on 2/29/12. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION RHONDA KAY STEWART et al. V. PLAINTIFFS NO: 5:11CV00179 JMM/HDY SHERRY A. CONRAD et al. DEFENDANTS ORDER Plaintiff Terrance Proctor has filed a motion to continue the pre-jury evidentiary hearing scheduled for March 5, 2012 (docket entry #104), and a motion for service for Grant Harris. Defendants have filed responses opposing both motions (docket entries #109-#110). Proctor seeks a continuance, or in the alternative, an order directing Defendants to respond to his discovery requests before the hearing. According to Defendants’ response (docket entry #109), they have now responded to the discovery requests. Accordingly, Proctor’s motion for a continuance is moot. Proctor’s motion for service for Harris is essentially a motion to amend to add Harris as a Defendant. Because it appears that Proctor originally intended to name Harris as a Defendant, and Harris is named on the first page and in the body of the complaint, the motion will be granted. IT IS THEREFORE ORDERED THAT: 1. Proctor’s motion to continue (docket entry #104) is DENIED. 2. Proctor’s motion for service for Grant Harris is GRANTED. The Clerk is directed to add Harris as a Defendant, and to prepare a summons for Harris. The United States Marshal is directed to serve a copy of the complaint (docket entry #1), this order, and summons on Harris, without prepayment of fees and costs or security therefor. 1 DATED this 29 day of February, 2012. UNITED STATES MAGISTRATE JUDGE 2

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