Chapman v. Rhoney et al

Filing 44

ORDER granting 39 Motion to Stay this case pending the Individual Defts' appeal of the qualified immunity issue; and denying as moot 41 Deft City of Hickory's Motion for Extension of Time to Answer Pltf's Complaint. Signed by Magistrate Judge David S. Cayer on 6/18/12. (ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:10-cv-00258-MR-DSC

GLEN EDWARD CHAPMAN,
Plaintiff,
v.
DENNIS ALVIN RHONEY, in his
individual capacity,
ROBERT A. MULLINAX, as Public
Administrator of the ESTATE OF
MARK RICHARDSON SAMS, in his
individual capacity, and
CITY OF HICKORY,
Defendants.

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ORDER

THIS MATTER is before the Court on "Defendants Dennis Alvin Rhoney and Robert A.
Mullinax, as Public Administrator of the Estate of Mark Richardson Sams' Motion to Stay This
Matter Pending Appeal" (Doc. 39) filed on June 14, 2012.
Upon review of Defendants' Motion, the Court concludes that the Motion to Stay should be
allowed.
Accordingly, IT IS, THEREFORE, ORDERED that "Defendants Dennis Alvin Rhoney
and Robert A. Mullinax, as Public Administrator of the Estate of Mark Richardson Sams' Motion
to Stay This Matter Pending Appeal" (Doc. 39) is GRANTED and the case is stayed pending the
Individual Defendants' appeal of the qualified immunity issue.

IT IS FURTHER ORDERED that the Defendant City of Hickory's "Motion for Extension
of Time to Answer or Otherwise Respond to Plaintiff's Complaint" (Doc. 41) filed on June 15, 2012,
is DENIED AS MOOT.
SO ORDERED.
Signed: June 18, 2012