Thurmond v. Ryals et al, No. 4:2017cv00222 - Document 46 (E.D. Ark. 2017)

Court Description: ORDER rejecting 35 the proposed findings and recommendations recommending dismissal of plaintiff Rashan Dixon for failure to respond to discovery. New counsel has been appointed since that time. Instead, Dixon's new lawyers should have the opportunity to respond to discovery. The 44 motion for extension of time to respond to the proposed findings and recommendations is denied as moot, a new scheduling order will follow. Signed by Chief Judge Brian S. Miller on 9/26/2017. (kdr)
Download PDF
Thurmond v. Ryals et al Doc. 46 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION SAM EDWARD THURMOND, SR., ADC #127149; KHALAN ELLINGTON, ADC #655082; RASHAN DIXON, ADC #108165; BOBBY RAY WYLES, JR., ADC #149401; TERRY DON BEAVER, ADC #657603; JEREMY TODD HALEY v. PLAINTIFFS CASE NO. 4:17-CV-00222 BSM CASE NO. 4:17-CV-00223 BSM CASE NO. 4:17-CV-00224 BSM CASE NO. 4:17-CV-00248 BSM CASE NO. 4:17-CV-00289 BSM CASE NO. 4:17-CV-00368 BRW CASE NO. 4:17-CV-00375 JM TIM RYALS, Sheriff, Faulkner County, et al. DEFENDANTS ORDER The proposed findings and recommendations [Doc. No. 35] submitted by United States Magistrate Judge Jerome T. Kearney recommending dismissal of plaintiff Rashan Dixon for failing to respond to discovery have been received. New counsel has been appointed since that time, however. See Doc. No. 45. Accordingly, the proposed findings and recommendations will not be adopted, and Dixon will not be dismissed. Instead, Dixon’s new lawyers should have an opportunity to respond to discovery. The motion for extension of time [Doc. No. 44] to respond to the proposed findings and recommendations is denied as moot, and a new scheduling order will follow. Dockets.Justia.com IT IS SO ORDERED this 26th day of September 2017. ________________________________ UNITED STATES DISTRICT JUDGE 2