Phelps v. Mimms et al

Filing 31

ORDER Directing the Clerk of the Court to Terminate Defendants Margaret Mimms and Jerry Dyer and Add Defendant R. Byrd to the Docket signed by Magistrate Judge Barbara A. McAuliffe on 12/12/2014. (Jessen, A)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

EASTERN DISTRICT OF CALIFORNIA

7

8
9

TONY PHELPS, Sr.

10
11
12

Plaintiffs,
v.
MARGARET MIMMS; JERRY DYER,

13

Defendants.

14
15
16

)
)
)
)
)
)
)
)
)
)
)
)

Case No. 1:14-cv-251-AWI-BAM

ORDER DIRECTING THE CLERK OF
THE COURT TO TERMINATE
DEFENDANTS MARGARET MIMMS
AND JERRY DYER AND ADD
DEFENDANT R. BYRD TO THE DOCKET

Plaintiff has filed a Second Amended Complaint which no longer names Margaret

17

Mimms or Jerry Dyer as defendants in this action. (Doc. 16). Accordingly, the Clerk of the

18

Court is directed to terminate these defendants on the docket as of August 25, 2014, when the

19

Second Amended Complaint was filed.

20

Additionally, Plaintiff’s Second Amended Complaint names two Doe Defendants: John

21

Doe SG-One and John Doe SG-Two. On November 10, 2014, Plaintiff advised the Court that he

22

only will proceed against John Doe SG-One, who he has identified as Officer R. Byrd.

23

(Docs.25). Therefore, Officer R. Byrd is substituted in as a Defendant in this action. The Clerk

24

of the Court is directed to update the docket accordingly.

25

IT IS SO ORDERED.

26

Dated:

/s/ Barbara

December 12, 2014

27

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

28
1