Keller v. Attala County et al

Filing 113

ORDER dismissing 105 Motion for Partial Summary Judgment without prejudice. Signed by District Judge Sharion Aycock on 10/31/2019. (dbm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
ABERDEEN DIVISION
ELEANOR KELLER, and
THE ESTATE OF GERALD SIMPSON
V.

PLAINTIFFS

CIVIL ACTION NO.: 1:16-CV-136-SA-DAS

ATTALA COUNTY, et al

DEFENDANTS
ORDER

Now before the Court is Defendant Attala County’s Motion for Partial Summary Judgment
[105]. After this Court’s summary judgment ruling, the Defendants appealed to the Fifth Circuit
Court of Appeals. See Notice of Appeal [91]. The Court subsequently stayed the case pending the
outcome of the appeal at the Defendants’ request, and administratively closed the case. See Orders
[103, 104]. At that time the Court noted that the Case would be reopened after notice on the docket
that the appeal is resolved.
Although the Fifth Circuit issued an Opinion on July 23, 2019, a mandate never issued. See
Fifth Circuit Docket Case No. 18-60081. That Opinion was subsequently withdrawn on October
22, 2019. Id. Because this case is stayed and administratively closed pending the outcome of the
appeal, the instant Motion for Summary Judgment is premature and is denied without prejudice to
refiling of the same after the appeal is final, the stay is lifted, and the case is reopened.
It is SO ORDERED, on this the 31st day of October, 2019.
/s/ Sharion Aycock
UNITED STATES DISTRICT JUDGE