Sullivan v. Fountain et al

Filing 16

ORDER granting 9 Motion to Amend/Correct; denying 11 Motion to Change Venue. The following individuals are added as Defendants: Mike Byrd, former Sheriff of Jackson County, Mississippi; Jeff Smith, Sergeant with Jackson County Task Force; Gayle P arker, Harrison County Circuit Court Clerk; Diana Ladner, Justice Court Judge; Lawrence Paul Bourgeios, Jr., Harrison County Circuit Court Judge; and David Venus, Owner of North Bay Towing. Signed by Magistrate Judge John C. Gargiulo on 1/23/17. (RLW)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION RICHARD DANIEL SULLIVAN, #86908 PLAINTIFF VERSUS CIVIL ACTION NO. 1:16-cv-395-LG-JCG ALBERT FOUNTAIN, ET AL. DEFENDANTS ORDER BEFORE THE COURT are Plaintiff’s Motion [ECF No. 9] to Amend and Motion [ECF No. 11] for a change of venue. Plaintiff is an inmate of the Mississippi Department of Corrections and he brings this pro se Complaint pursuant to 42 U.S.C. § 1983.1 At this early stage in the proceedings and after a liberal review of Plaintiff’s pleadings, the Court determines that Plaintiff’s Motion to Amend will be granted and his Motion for a change of venue will be denied. IT IS THEREFORE ORDERED AND ADJUDGED, that Plaintiff’s Motion [ECF No. 9] to Amend is GRANTED, and the following individuals are added as Defendants: Mike Byrd, former Sheriff of Jackson County, Mississippi; Jeff Smith, Sergeant with Jackson County Task Force; Gayle Parker, Harrison County Circuit Court Clerk; Diana Ladner, Justice Court Judge; Lawrence Paul Bourgeios, Jr., Harrison County Circuit Court Judge; and David Venus, Owner of North Bay Towing. IT IS FURTHER ORDERED AND ADJUDGED, that Plaintiff’s Motion [ECF No. 11] for a change of venue is DENIED. The Plaintiff is warned that his failure to timely comply with a Court Order or his failure to keep this Court advised of his current address will result in the dismissal of this case. SO ORDERED AND ADJUDGED, this the 23rd day of January, 2017. s/John C. Gargiulo UNITED STATES MAGISTRATE JUDGE 1 Plaintiff is proceeding in forma pauperis. See Order [ECF No. 14].

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