Lenard et al v. State of Mississippi et al

Filing 19

ORDER denying 17 Motion for reconsideration of September 18, 2012 Order dismissing State of Mississippi. Signed by Honorable David C. Bramlette, III on 12/13/2012 (ECW)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
WALTER G. LENARD
and RUSELL CHANEY

PLAINTIFFS

VS.

CIVIL ACTION NO. 5:11-cv-120(DCB)(JMR)

STATE OF MISSISSIPPI, et al.

DEFENDANTS
ORDER

This cause is before the Court on the plaintiffs Walter G.
Lenard and Russell Chaney’s motion (docket entry 17) “to stay [the
Court’s] order to dismiss the State of Mississippi as a Defendant,”
which the Court construes as a motion for relief from Order
pursuant to Rule 60(b) of the Federal Rules of Civil Procedure.
On September 18, 2012, this Court entered an Order finding
that the State of Mississippi is not amenable to suit under 42
U.S.C. § 1983 because “a State is not a person within the meaning
of § 1983,” and the plaintiffs’ claims against the State are barred
by Eleventh Amendment immunity.

The plaintiffs’ motion merely

reasserts claims against various public officials, and does not
address the issue of whether the State of Mississippi is entitled
to

immunity

from

suit.

The

Court

plaintiffs’ motion is without merit.

therefore

finds

that

the

Accordingly,

IT IS HEREBY ORDERED that the plaintiffs’ motion (docket entry
17)

“to

stay

[the

Court’s]

order

to

dismiss

the

State

of

Mississippi as a Defendant,” which the Court construes as a motion

for relief from Order pursuant to Rule 60(b), is DENIED.
SO ORDERED, this the 13th day of December, 2012.

/s/ David Bramlette
UNITED STATES DISTRICT JUDGE

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