Hayward v. Douglas et al

Filing 46

OPINION: IT IS ORDERED that the 30 MOTION to Dismiss filed by Unknown Wilson, Unknown Riley, Unknown Ford, Unknown Gray, Unknown Johnson, and the 34 MOTION Request for Clarification filed by Sidney J Gautreaux, Greg Phares, Willie Douglas shall b e construed as motions to quash service and, as such, shall be granted quashing service upon all defendants except Warden Willie Douglas, Sheriff Sidney Gautreaux and former Sheriff Greg Phares. IT IS FURTHER ORDERED that the plaintiff shall be allow ed an additional period of 45 days from the date the District Judge rules on this Report and Recommendation to serve the unserved defendants and that this matter be referred back for further proceedings. Signed by Judge Frank J. Polozola on 1/12/2010. (CMM,)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA DANNIE R. HAYWARD, SR. (#301013) VERSUS WARDEN WILLIE DOUGLAS, ET AL. OPINION After independently reviewing the entire record in this case and for reasons set forth in the Magistrate Judge's Report to which no objection was filed: IT IS ORDERED that the motion to dismiss filed by Deputies Ford, CIVIL ACTION NO. 07-72-FJP-DLD

Johnson, Gray, Riley, and Wilson, and the motion for clarification filed by Sidney J Gautreaux and Greg Phares shall be construed as motions to quash service and, as such, shall be granted quashing service upon all defendants except Warden Willie Douglas, Sheriff Sidney Gautreaux and former Sheriff Greg Phares.1 IT IS FURTHER ORDERED that the plaintiff shall be allowed an additional period of 45 days from the date the District Judge rules on this Report and Recommendation to serve the unserved defendants. IT IS FURTHER ORDERED that this matter shall be referred back for further proceedings. Baton Rouge, Louisiana, January 12, 2010.

S FRANK J. POLOZOLA

MIDDLE DISTRICT OF LOUISIANA

Rec. Doc. Nos. 30 and 34. Doc#46546

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