Stewart v. Cabrera et al

Filing 28

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that defendants motion to dismiss (Doc. 25) is DENIED as moot. 25 Signed by District Judge Henry Edward Autrey on 8/17/17. (CLA)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI NORTHERN DIVISION WAYNE STEWART, ) ) ) ) ) ) ) ) ) Plaintiff, v. TOMAS CABRERA, et al., Defendants, No. 2:17CV9 HEA MEMORANDUM AND ORDER This matter is before the Court on defendants William Jones and James Hurley’s motion to dismiss plaintiff’s official-capacity claims. Plaintiff sues defendants in their individual capacities only. Therefore, the motion is moot. Accordingly, IT IS HEREBY ORDERED that defendants’ motion to dismiss (Doc. 25) is DENIED as moot. Dated this 17th day of August, 2017 ___________________________________ HENRY EDWARD AUTREY UNITED STATES DISTRICT JUDGE

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