Lenard et al v. State of Mississippi et al

Filing 29

ORDER denying without prejudice 14 motion for service of process. Plaintiffs may renew their motion in the event this action is allowed to proceed further. Signed by Honorable David C. Bramlette, III on 3/14/2013 (ECW)

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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 for service of process (docket entry 14). February dismissed Inasmuch as a Report and Recommendation was filed on 20, sua 2013, sponte recommending as barred that by res the instant judicata action and be Heck v. Humphrey, 512 U.S. 477 (1994); and inasmuch as dismissal of this action would moot the plaintiffs’ motion for service of process, the court finds that the motion should be denied without prejudice to allow the plaintiffs to renew their motion if their lawsuit is allowed to proceed further. Accordingly, IT IS HEREBY ORDERED that the plaintiffs Walter G. Lenard and Russell Chaney’s motion for U.S. Marshall to serve each defendant (docket entry 14) is DENIED WITHOUT PREJUDICE. SO ORDERED, this the 14th day of March, 2013. /s/ David Bramlette UNITED STATES DISTRICT JUDGE

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