UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

JAMES R. BLACKSTON,
BRADLEY W. BARBER
Plaintiffs,

vs.

STATE OF ALABAMA, et. al.,
Defendants.
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Case No.: 99-A-295-N
ORDER

Upon consideration of the Motion For Clarification, filed on 14 September 2001 (Doc. #112), it is

ORDERED that the motion is GRANTED. Upon the court's review of the entire record in this case, the Magistrate Judge finds that the parties should construe the court's order entered on 3 July 2000 (Doc. # 64) as a complete ruling on all of the issues raised by the defendants in their motion to dismiss plaintiffs' Amendment #2. In that order, the court specifically found that the plaintiffs' claims under 42 U.S.C. §§ 1985 and 1986 were dismissed. This finding is buttressed by the fact that the court entered another order six months later which recast the litigation and clarified its position on 24 January 2001 (Doc.#91):

The case will proceed on the Plaintiffs' claims for relief, including the contempt petition . . . for violation of the First Amendment and for breach of contract.

Accordingly, as the parties pursue their claims and defenses through discovery and otherwise, they are DIRECTED to limit their focus to the above-stated claims and no others.

Discovery designed to disclose information pursuant to other claims, including claims under 42 U.S.C. §§ 1985 and 1986, 18 U.S.C. §1513, or other claims that have been dismissed in this case will be deemed inappropriate.

DONE this 13th day of March, 2002.

VANZETTA PENN McPHERSON
UNITED STATES MAGISTRATE JUDGE


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