Cole v. Griggs et al

Filing 10

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion for reconsideration [Doc. No. 8 ] is granted in part. IT IS FURTHER ORDERED that the Clerk is directed to add William Jones, Acting Warden at the Northeast Correctional Center , as a defendant in this action. IT IS FURTHER ORDERED that the Clerk is directed to issue process as to defendant William Jones. IT IS FURTHER ORDERED that the motion for reconsideration is denied in all other respects. Signed by District Judge Carol E. Jackson on 9/14/2016. (CLO)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION
LANCE ADRIAN COLE,

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Plaintiff,
v.
RICHARD GRIGGS, et al.,
Defendants,

No. 2:16-CV-41 DDN

MEMORANDUM AND ORDER
Following review of the complaint pursuant to 28 U.S.C. § 1915(e), the Court entered an
order dismissing this action against all defendants except Dan Wiley. Plaintiff now moves for
reconsideration of the order.
Through oversight, the Court neglected to consider the plaintiff’s allegations against
defendant William Jones, the acting warden at the Northeast Correctional Center. According to
the complaint, Jones ordered the destruction of his legal papers. This allegation is sufficient to
allow the case to proceed against Jones. Therefore, the Court will order that process be issued as
to him.
With respect to the dismissed defendants, the Court considered only the allegations set
forth in the complaint. If there are different or additional allegations to be asserted against the
defendants, they should be included in an amended complaint. The plaintiff has not shown that
reconsideration of the dismissal is warranted.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion for reconsideration [Doc. No. 8] is
granted in part.

IT IS FURTHER ORDERED that the Clerk is directed to add William Jones, Acting
Warden at the Northeast Correctional Center, as a defendant in this action.
IT IS FURTHER ORDERED that the Clerk is directed to issue process as to defendant
William Jones.
IT IS FURTHER ORDERED that the motion for reconsideration is denied in all other
respects.
Dated this 14th day of September, 2016.

CAROL E. JACKSON
UNITED STATES DISTRICT JUDGE

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