Kleinschnitz v. Phares, et al

Filing 53

JUDGMENT directing as follows: (1) The magistrate judge's recommendation (doc. no. 42 ) is adopted as to all claims and all defendants except plaintiff Jacob Kleinschnitz's state-law malicious-prosecution claim against defendant William Ph ares; (2) Defendants William Phares, Gregory J. Benton, and City of Dothan, Alabama's motion for summary judgment (doc. no. 25 ) is granted as to all claims and as to all defendants except plaintiff Kleinschnitz's state-law malicious-prose cution claim against defendant Phares; (3) Judgment is entered in favor of defendants Phares, Benton, and City of Dothan and against plaintiff Kleinschnitz as to all claims and all defendants except plaintiff Kleinschnitz's state-law malicious-p rosecution claim against defendant Phares.; Defendants Benton and City of Dothan are terminated as parties; (4) The magistrate judge's recommendation (doc. no. 42 ) is still pending as to plaintiff Kleinschnitz's state-law malicious-prosecution claim against defendant Phares; this case is not closed. Signed by Honorable Judge Myron H. Thompson on February 6, 2015. (Attachments: # 1 Civil Appeals Checklist)(scn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION

JACOB KLEINSCHNITZ,

)
)
)
)
)
)
)
)
)
)
)

Plaintiff,
v.
WILLIAM PHARES, in his
individual capacity, et
al.,
Defendants.

CIVIL ACTION NO.
1:13cv209-MHT
(WO)

JUDGMENT
Plaintiff

Jacob

Kleinschnitz

having

said

at

the

pretrial conference on February 6, 2015, that he is
objecting
(doc.

no.

to
42)

the

magistrate

only

as

to

judge’s

recommendation

plaintiff

Kleinschnitz's

state-law malicious-prosecution claim against defendant
William Phares (for obstruction of justice), it is the
ORDER, JUDGMENT, and DECREE of the court as follows:
(1) The magistrate judge's recommendation (doc. no.
42)

is

adopted

as

to

all

claims

and

all

defendants except plaintiff Jacob Kleinschnitz's

state-law

malicious-prosecution

claim

against

defendant William Phares.
(2) Defendants William Phares, Gregory J. Benton, and
City

of

judgment

Dothan,
(doc.

Alabama's

no.

25)

motion

is

granted

for
as

summary
to

all

claims and as to all defendants except plaintiff
Kleinschnitz's

state-law

malicious-prosecution

claim against defendant Phares.
(3) Judgment

is

entered

in

favor

of

defendants

Phares, Benton, and City of Dothan and against
plaintiff Kleinschnitz as to all claims and all
defendants
state-law

except

plaintiff

malicious-prosecution

defendant Phares.

Kleinschnitz's
claim

against

Defendants Benton and City of

Dothan are terminated as parties.
(4) The magistrate judge's recommendation (doc. no.
42)

is

still

Kleinschnitz's

pending
state-law

as

plaintiff

malicious-prosecution

claim against defendant Phares.

2

to

This case is not closed.
DONE, this the 6th day of February, 2015.

/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE