Geissler v. Sterling et al

Filing 37

ORDER granting 14 Motion To Adjust Titles of Defendants. Signed by Magistrate Judge Thomas E Rogers, III on 10/06/2017.(dsto, )

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UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION RUSSELL GEISSLER, ) ) ) Plaintiff, ) ) vs. ) ) BRYAN P. STERLING, ) LEFFORD FATE, Defendants. ) ________________________________________ ) C/A No. 4:17-1746-MBS-TER ORDER Presently before the court is Plaintiff’s motion entitled “Motion to Adjust titles of Defendant’s or Clearify.” (Doc. #14). In this motion, Plaintiff states that “while reviewing the order of the court allowing pro se litagation the plaintiff noticed the court has not put the official capacity on the defendants names. Both parties are named in the hand written complaint as to there official and there individual capacity . . .” (Id.)(errors in original). Thus, Plaintiff requests that if “by mistake the plaintiff did not mark this on the 1983 lawsuit packet it is requested that the partys be sued in both individual and official capacitys” and that if the mistake was made that the court “adjust for the record to agin show there offical and individual capacitys.” (Id.)(errors in original). In a sentence at the bottom of the motion (doc. #14), Plaintiff states that “[i]t is also the Plaintiffs [sic] request that Exhibits E-J be entered into the record.” This motion is being treated as a motion to amend the complaint and the motion is granted.1 Therefore, the Clerk of Court is directed to place in the caption of the case under the Defendants’ names “official and individual capacity.” Additionally, the Clerk of Court is directed to attach the Exhibits designated as “E-J” as supporting documents to the original complaint and enter it as an amended complaint. IT IS SO ORDERED. s/Thomas E. Rogers, III Thomas E. Rogers, III United States Magistrate Judge October 6, 2017 Florence, South Carolina 1 A review of the complaint form reveals Plaintiff did check the boxes for individual and official capacity. 2

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