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)

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