Alston v. Mississippi Department of Transportation

Filing 63

ORDER withdrawing 54 Report and Recommendations.; finding as moot 59 Motion to Amend/Correct; finding as moot 61 Motion for Leave to File; granting 62 Motion to Amend/Correct.. Mr. Alston must separately file his proposed Second Amended Complaint within 3 business days of today. Signed by Magistrate Judge Jane M. Virden on 7/27/17. (ncb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION

JASON D ALSTON

PLAINTIFF

V.

CAUSE NO. 4:16CV00236-DMB-JMV

MISSISSIPPI DEPARTMENT OF TRANSPORTATION

DEFENDANT

ORDER ON MOTION FOR LEAVE TO AMEND
Before the court are three motions to amend [59, 61, and 62] filed by Jason Alston, the
pro se plaintiff. By these motions, Mr. Alston essentially seeks an order for leave to file an
amended complaint which drops all claims asserted in the Amended Complaint [21], save a
retaliation claim related to a forty-hour suspension.
By R&R [54] entered June 26, 2017, the undersigned made a recommendation to the
district judge that defendant’s motion to dismiss [41] be granted with respect to all claims in the
amended complaint, except the retaliation claim based upon the suspension. No party filed an
objection to that R&R within the time provided for in that document. Instead, Mr. Alston has
filed the instant motions to amend, the first and second of which are, hereby, deemed moot in
light of the subsequent, amended filing [62].
Based on the foregoing, and finding that the amended motion for leave to amend [62] is
well taken, it is ordered that the motion is GRANTED. Mr. Alston must separately file his
proposed Second Amended Complaint within 3 business days of today.
IT IS FURTHER ORDERED that the R&R [54], entered June 26, 2017, is hereby

withdrawn as moot.
This 27th day of July, 2017.

/s/ Jane M. Virden
U. S. MAGISTRATE JUDGE

2