Brooks v. Menifee et al

Filing 48

ORDER denying 31 Motion to Dismiss; denying 31 Motion for Summary Judgment; denying 37 Motion for Summary Judgment; adopting in part Report and Recommendations re 42 Report and Recommendations. The Court will hold an evidentiary hearing on 4/16/10 at 11:00. FURTHER ORDERED that plaintiff will be present at hearing. Signed by Judge Dee D Drell on 3/4/10. (crt,McDaniel, C)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA ALEXANDRIA DIVISION

MAR 0 4 ~U
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LOVE ALITONIO BROOKS -vsWARDE~I REDRICK MENIFEE, et al. F ORDER

CIVIL ACTION NO. 1:07-cv-00131 JUDGE DRELL MAGISTRATE JUDGE KIRK

FOr written reasons given by separate ruling on this date, the Court hereby enters the following dispositions: (1) the Motion to Dismiss and for Summary Judgment (Doc. 31) filed by the defendants, Fredrick Menifee et al., is DENIED; (2) the Motion for Summary Judgment (Doc. 37) filed by the plaintiff, Love Altonlo Brooks ("Mr. Brooks") is DENIED; and (3) the Report arid Recommendation (Doc. 42) issued by the magistrate judge will be ADOPTED IN PART, as specified in the Court's ruling. IT IS FU*~(THERORDERED that, because the defense of prescription has not been waived, ~nd because the issue of whether state tolling provisions or the federal equitable tolling doctrine are applicable in this case has not been resolved, the Court will hold an evidentiary hearing limited to consideration of that issue on April 16, 2010, at ~1:00 A.M.. IT IS FURTHER ORDERED that Mr. Brooks will be present at this hearing. SIGNED on this d~ of Louisiana. DEE D. DRELL UNITED STATES DISTRICT JUDGE