RONALD GRAVES 356003 v. BURL CAIN ET AL (2019)

ORDER

Before the Court is the plaintiff's Motion for Supplemental Complaint to be Made a Part of the Record (R. Doc. 40), wherein the plaintiff alleges that on December 11, 2018 he submitted a Supplemental Complaint for filing that was never forwarded for filing by the Legal Programs Department. The plaintiff now requests that his Supplemental Complaint (R. Doc. 40-1) be made part of the record. The motion is not opposed.

The plaintiff's Supplemental Complaint directly addresses the issues presented in the defendants' pending Motion to Dismiss (R. Doc. 28). Accordingly,

IT IS ORDERED that the plaintiff's Motion (R. Doc. 40) is GRANTED, and the Clerk of Court shall file the plaintiff's Supplemental Complaint (R. Doc. 40-1) into the record.

IT IS FURTHER ORDERED that the Report and Recommendation (R. Doc. 38) issued by the Magistrate Judge is hereby VACATED and WITHDRAWN.

IT IS FURTHER ORDERED that the defendants' Motion to Dismiss (R. Doc. 28) is DENIED with leave to refile within 21 days from the date of this Order.

IT IS FURTHER ORDERED that in the event a new Motion to Dismiss is filed on behalf of the defendants, discovery shall remain stayed as set forth in this Court's Order (R. Doc. 37). If a new Motion is not filed within the specified time, the stay of discovery is lifted, and the parties may resume discovery as set forth in this Court's Order (R. Doc. 37).

Signed in Baton Rouge, Louisiana, on July 11, 2019.

RICHARD L. BOURGEOIS, JR. UNITED STATES MAGISTRATE JUDGE