Smedley v. City of Ozark

Filing 27

ORDER adopting the 26 Recommendation of the Magistrate Judge; granting the 16 Motion to Dismiss Amended Complaint; denying as moot the alternative 16 Motion for More Definite Statement, Plaintiff's 24 Motion to Dismiss, and any other outstanding motions. Signed by Honorable Judge Mark E. Fuller on 8/4/2011. (br, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION DARRYL SMEDLEY, ) ) ) ) ) ) ) ) Plaintiff, v. CITY OF OZARK, Defendant. CASE NO. 1:10-cv-678-MEF ORDER On July 7, 2011, the Magistrate Judge filed a Recommendation (Doc. #26) in this case to which no timely objections have been filed. Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is the ORDER, JUDGMENT and DECREE of the court that: 1. The Recommendation of the Magistrate Judge is ADOPTED. 2. Defendant's Motion to Dismiss Amended Complaint (Doc. #16) is GRANTED. 3. The alternative Motion for More Definite Statement (Doc. #16), plaintiff's Motion to Dismiss (Doc. #24), and any other outstanding motion are DENIED as moot. th DONE this the 4 day of August, 2011. /s/ Mark E. Fuller UNITED STATES DISTRICT JUDGE

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