From Casetext: Smarter Legal Research

Davis v. Mayran

United States District Court, W.D. Louisiana, Alexandria Division
Sep 7, 2005
Civil Action No. 03-1490-A (W.D. La. Sep. 7, 2005)

Opinion

Civil Action No. 03-1490-A.

September 7, 2005


RULING


After reviewing the entire record, including Plaintiff's "Objection to Magistrate Recommendation" [sic] previously filed herein, and in concurring in part with the magistrate judge's findings under the applicable law.

Defendant Charles Christy's motion for summary judgment will be GRANTED pursuant to the magistrate's recommendation. A separate judgment will issue accordingly.

The magistrate's recommendation to dismiss defendant Toby Mayran must be modified to an order staying the proceedings against him pending his return from Iraq and Kuwait. The Service Members Civil Relief Act ( 50 App. U.S.C.A. § 521(d)) requires that a court stay proceedings for a minimum of ninety (90) days when a defendant is in military service. Although this is a 2003 case, the record does not reflect any change in defendant Mayran's status. The Fifth Circuit in White v. Black, 190 F.3d 366 (1999) concluded that the statute precludes a court from dismissing an action against a defendant in the military, even when the dismissal is without prejudice. Rather, the Court may only stay the action before it until the record is appropriately clarified. Accordingly,

IT IS ORDERED that this action, as to Defendant Mayran, is hereby STAYED.


Summaries of

Davis v. Mayran

United States District Court, W.D. Louisiana, Alexandria Division
Sep 7, 2005
Civil Action No. 03-1490-A (W.D. La. Sep. 7, 2005)
Case details for

Davis v. Mayran

Case Details

Full title:LESTER DAVIS v. C/O TOBY MAYRAN and C/O CHARLES CHRISTY

Court:United States District Court, W.D. Louisiana, Alexandria Division

Date published: Sep 7, 2005

Citations

Civil Action No. 03-1490-A (W.D. La. Sep. 7, 2005)