Opinion
No. 1:12-CV-134-SNLJ
07-24-2013
KYLE A. ROBERTS, Plaintiff, v. GEORGE A. LOMBARDI, Defendant.
MEMORANDUM AND ORDER
This matter is before the Court upon limited remand from United States Court of Appeals for the Eighth Circuit. See Roberts v. Lombardi, No. 12-3856 (8th Cir., June 11, 2013)(reversing and remanding as to plaintiff's claims for prospective injunctive relief against defendant George Lombardi in his official capacity only; affirming the District Court's judgment in all other respects). The mandate issued on July 23, 2013.
In accordance with the Eighth Circuit's mandate,
IT IS HEREBY ORDERED that, as to plaintiff's claims for prospective injunctive relief against defendant George Lombardi in his official capacity only, the Clerk shall issue process or cause process to be issued upon the second amended complaint.
IT IS FURTHER ORDERED that, pursuant to 42 U.S.C. § 1997e(g)(2), defendant George Lombardi shall reply to plaintiff s claims for prospective injunctive relief within the time provided by the applicable provisions of Rule 12(a) of the Federal Rules of Civil Procedure.
IT IS FURTHER ORDERED that, pursuant to the Court's differentiated case management system, this case is assigned to Track 5B (standard prisoner actions).
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UNITED STATES DISTRICT JUDGE