Johnson v. Stringfellow, et al

Filing 82

ORDER denying 76 Motion for Order; granting 81 Motion to Lift Stay. The Clerk is directed to reopen this matter. Signed by Honorable Barry A. Bryant on February 25, 2015. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION

LONNIE JOHNSON
v.

PLAINTIFF
Civil No. 4:11-cv-04099

DR. DEVLIN

DEFENDANT
ORDER

Plaintiff, Lonnie Johnson, proceeds in this matter pro se and in forma pauperis. Currently
before the Court are (1) Plaintiff’s Motion for Order (ECF No. 76); and (2) Plaintiff’s Motion to
Lift Stay (ECF No. 81).
1.

Motion for Order (ECF No. 76)

On February 5, 2014, Plaintiff filed a document titled Motion to Inform which was filed
by the Clerk as a Motion for Order. ECF No. 76. In this Motion, Plaintiff requests the Court deny
Defendant’s Motion for Summary Judgment and set this matter for trial based on Defendants
failure to file a reply as ordered in the Court’s November 25, 2013 Order. In the Court’s
November 25, 2013 Order, however, the Court directed Plaintiff to file a Supplement to his
Response to the remaining issues in Defendant’s Motion for Summary Judgement and noted that
Defendant Devlin “may” file a reply if she wished. This was an invitation to file a reply not an
order to do so.
Accordingly, Plaintiff’s Motion for Order (ECF No. 76) is DENIED. The Court will
consider Plaintiff’s supplement to his Response to Defendant’s Motion for Summary Judgment and
issue a Report and Recommendation on the remaining issues in accordance with the Court’s
September 30, 2013 Order. ECF No. 58.

2.

Motion to Lift Stay (ECF No. 81)

In this Motion, Plaintiff notes that he received the judgment on his appeal from the Eighth
Circuit Court of Appeals and he is now ready to proceed in this matter against Defendant Devlin.
The Eighth Circuit dismissed Plaintiff’s appeal for lack of jurisdiction, therefore, there is no longer
a need for this case to be stayed. ECF No. 80.
Accordingly, Plaintiff’s Motion to Lift Stay (ECF No. 81) is GRANTED and the Clerk is
DIRECTED to reopen this matter.
IT IS SO ORDERED this 24th day of February 2015.

/s/ Barry A. Bryant
HON. BARRY A. BRYANT
U. S. MAGISTRATE JUDGE