Reed v. Pike County DA Office et al

Filing 15

ORDER. The court construes Plaintiff's Response 13 to the Court's Order 12 as a voluntary dismissal of Defendants Pike County DA Office and State of Mississippi. Pike County DA Office and State of Mississippi terminated. Signed by Honorable David C. Bramlette, III on June 28, 2018. (lda)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI WESTERN DIVISION EXZAVION TREVON REED VERSUS PLAINTIFF CIVIL ACTION NO. 5:18-cv-3-DCB-MTP PIKE COUNTY DA OFFICE, STATE OF MISSISSIPPI, PIKE COUNTY SHERIFF’S OFFICE, KENNY COTTON, SHERIFF, and RHONDA ISSAC, Nurse DEFENDANTS ORDER CONSTRUES PLAINTIFF’S RESPONSE [13] AS A VOLUNTARY DISMISSAL OF DEFENDANTS PIKE COUNTY DA OFFICE AND STATE OF MISSISSIPPI This matter is before the Court on Plaintiff’s Response [13] filed April 13, 2018, to the Court’s Order [12] entered March 30, 2018. Plaintiff filed this Complaint [1] pursuant to 42 U.S.C. § 1983 on January 5, 2018. Plaintiff’s original Complaint [1] filed January 5, 2018, named as Defendants Pike County DA Office and State of Mississippi. Compl. [1] at 1-2. On February 6, 2018, the Court ordered Plaintiff to file a response providing additional information concerning his Complaint [1]. See Order [8] at 2. Plaintiff filed his Response [11] on March 15, 2018. Because Plaintiff’s Response [11] did not fully comply with the Order [8] entered February 6, 2018, a second Order [12] was entered on March 30, 2018. That Order [12] directed Plaintiff to file a Response providing information concerning his medical care claims and the names of the Defendants. Order [12] at 1. Plaintiff filed his Response [13] as directed on April 13, 2018. Plaintiff states in his Response [13] that he “would like to specify that this case 5:18-cv-3-DCB-MTP complaint is against [t]he Pike County Sheriff’s Office, Kenny Cotton being [S]heriff . . . Nurse RN Rhonda Issac.”1 Pl.’s Resp. [13] at 2. The Court therefore construes Plaintiff’s Response [13] as a voluntary dismissal of Defendants Pike County DA Office and State of Mississippi. Accordingly, it is ORDERED that Plaintiff’s voluntary dismissal of Defendants Pike County DA Office and State of Mississippi is granted. SO ORDERED, this the 28th day of June, 2018. s/David Bramlette UNITED STATES DISTRICT JUDGE 1 A separate Order [14] entered June 26, 2018, added Pike County Sheriff’s Office, Sheriff Kenny Cotton, and Nurse Rhonda Issac as Defendants. 2

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