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)

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