Whitefoot et al v. Sheriff of Clay County et al
ORDER denying 174 Motion for separate order. Signed by District Judge Sharion Aycock on 10/13/2017. (dbm)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
DAVID J. WHITEFOOT, and
ELENA R. WHITEFOOT
CAUSE NO. 1:14-CV-113-SA-DAS
SHERIFF OF CLAY COUNTY, et al.
On September 18, 2017 this Court entered an Order  dismissing this case with
prejudice as a sanction for the Plaintiffs’ failure to appear for trial and failure to appear at the Final
Pre-trial Conference. The Plaintiffs filed a Motion  for the Court to set out its dismissal order
in a separate document, requesting that the Court reform its previous order. The essence of the
Plaintiffs’ request arises from the Court’s description or categorization of their remaining claims
in its previous orders. See Orders [118, 163]. The Plaintiffs argue that this court mischaracterized
their remaining claims in these orders, and that mischaracterization requires additional action from
this Court to finalize the posture of this case.
Out of an abundance of caution the Court reviewed the record and finds that its previous
orders are both clear and consistent, and do not mischaracterize the Plaintiffs’ claims. In any event,
the Plaintiffs’ argument is irrelevant because the dismissal of this case was a sanction, as outlined
in Order , and not related to the substance of the Court’s previous rulings now contested by
For these reasons, the Plaintiffs’ Motion  is DENIED.
SO ORDERED on this, the 13th day of October 2017.
/s/ Sharion Aycock
UNITED STATES DISTRICT JUDGE
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