Ferrell v. Williams County Sheriff's Department et al

Filing 14

ORDER by Magistrate Judge Charles S. Miller, Jr. finding as moot 9 Report and Recommendations. (BG) Distributed on 11/17/2014 (rh).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
NORTHWESTERN DIVISION
Justin Lamar Ferrell,
Plaintiff,
vs.
Williams County Sheriffs Office, et. al.,
Defendants.

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ORDER

Case No. 1:14-cv-142

On November 4, 2014, the undersigned issued a report recommending that the court: (1)
dismiss plaintiff’s claims against the Williams County Sheriff’s office, the Williston Police
Department, and the Williams County Correctional Center; and (2) permit plaintiff to proceed with
his claims of excessive force against Officers Enggerman and Aide in their official capacities.
However, in so doing, the undersigned advised that the report and recommendation would be
deemed moot if Ferrell filed an amended complaint in the time prescribed for filing an objection to
the report and recommendation.
On November 12, 2014, the plaintiff filed an amended complaint. Consequently, the
undersigned’s Report and Recommendation (Docket No. 9) shall be deemed MOOT. Plaintiff’s
amended complaint shall be subjected to a new § 1915A screening.
IT IS SO ORDERED.
Dated this 17th day of November, 2014.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court