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Conrad v. Dunn, 17-0107-TFM-N. (2020)

Court: District Court, S.D. Alabama Number: infdco20200110611 Visitors: 11
Filed: Jan. 09, 2020
Latest Update: Jan. 09, 2020
Summary: ORDER KATHERINE P. NELSON , Magistrate Judge . This action is before the Court on Defendant Michael Harrison's Motion for an Extension (Doc. 116, PageID.1020) seeks an extension until February 3, 2020 to file his answer and special report. Upon consideration of the Motion, the Motion is GRANTED, in part, to the following extent. Defendant Harrison is ORDERED to file his answer and special report no later than January 21, 2020. Review of the Court's file reflects that Defendant Mallo
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ORDER

This action is before the Court on Defendant Michael Harrison's Motion for an Extension (Doc. 116, PageID.1020) seeks an extension until February 3, 2020 to file his answer and special report. Upon consideration of the Motion, the Motion is GRANTED, in part, to the following extent. Defendant Harrison is ORDERED to file his answer and special report no later than January 21, 2020.

Review of the Court's file reflects that Defendant Mallorie Mixon has not been able to be served after several attempts. Counsel for correctional Defendants is ORDERED to provide no later than January 21, 2020 Defendant Mixon's address only to the Court under seal so service may be attempted again on Mixon. However, inasmuch as the earlier affidavits provided by Mixon, in other cases based on the same circumstances of this case, provide that Mixon was not present at Holman on November 9, 2016, has never been to Holman, and was only employed by ADOC as a drug treatment counselor at Ventress Correctional Facility from February 2015 to May 2017 (see Griggs, CA No. 16-0626-JB-MU, Doc. 122-5, PageID.733), Plaintiff is ORDERED no later than January 17, 2020 to advise the Court, in writing, if he wants to dismiss Defendant Mixon and his claims against her from this action in order to avoid the expenditure of time and resources in obtaining service on Defendant Mixon. See Mixon's affidavits in Robinson, 17-0075-TFM-MU (Doc. 116-4, PageID.459 (same)); Faulkner, CA No. 17-0077-JB-MU (Doc. 103-2, PageID.744 (same), Doc. 128, PageID.849 — Recommended dismissal of Mixon, among others, Doc. 135, PageID.944 — final order of dismissal of Mixon entered January 7, 2020).

DONE and ORDERED.

Source:  Leagle

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