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Sydner v. Ledbetter

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


November 18, 2009

EARL E. SYDNER, JR., PLAINTIFF,
v.
BOB LEDBETTER, ET AL., DEFENDANTS.

The opinion of the court was delivered by: David Herdon Chief Judge United States District Judge

ORDER

HERNDON, Chief Judge

Before the Court is defendant Sergeant Bunmer's*fn1 Motion to Dismiss (Doc. 19). The crux of the Motion is that Defendant asserts that he was not on duty on the day at issue in Plaintiff's civil rights suit and therefore, he cannot be held either individually liable or liable in a supervisory capacity under 42 U.S.C. § 1983. In response (Doc. 24), Plaintiff states that upon reviewing the attached documentation to Defendant's Motion, he agrees with Defendant's position and does not object to his dismissal from this suit. However, Plaintiff does request leave to amend his Complaint so that he may name the proper Defendant.

Because Defendant's position is well-taken and because Plaintiff's concedes, the Motion to Dismiss (Doc. 19) is hereby GRANTED. Accordingly, defendant Sergeant Bunmer (whose real name is Richard Brunner) is hereby DISMISSED WITH PREJUDICE from Plaintiff's suit. In addition, the Court hereby allows Plaintiff leave to amend his Complaint so that he may attempt to name the proper defendant (in place of "Sergeant Bunmer"). Plaintiff shall file his Amended Complaint by December 2, 2009.

IT IS SO ORDERED.

Signed this 18th day of November, 2009.


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