Smith v. Houston County Sheriff's Department (MAG+)

Filing 12

ORDER directing that, upon an independent review of the file in this case and upon consideration of the 11 Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge is ADOPTED and that pursua nt to defendants Rule 12(b)(6) motion and 28 U.S.C. §1915(e)(2)(B)(ii): 1. The motion to dismiss is GRANTED; and 2. Plaintiff is allowed a period of fifteen days, to and including January 24, 2014, to amend her complaint to name as the defendant the Houston County Sheriff, in his official capacity, or if plaintiff was not employed by the sheriff the legal entity that served as plaintiffs employer during the events at issue. Signed by Honorable Judge Mark E. Fuller on 1/13/14. (scn, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
ERMA SMITH,
Plaintiff,
v.
HOUSTON COUNTY SHERIFF’S
DEPARTMENT,
Defendant.

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CIVIL ACTION NO. 1:13cv869-MEF

ORDER
On December 23, 2013, the Magistrate Judge filed a Recommendation in this case to
which no timely objections have been filed. (Doc. # 11). Upon an independent review of
the file in this case and upon consideration of the Recommendation of the Magistrate Judge,
it is
ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge is
ADOPTED and that pursuant to defendant’s Rule 12(b)(6) motion and 28 U.S.C. §
1915(e)(2)(B)(ii):
1.

The motion to dismiss is GRANTED; and

2.

Plaintiff is allowed a period of fifteen days, to and including January 24, 2014,

to amend her complaint to name as the defendant the Houston County Sheriff, in his official
capacity, or – if plaintiff was not employed by the sheriff – the legal entity that served as
plaintiff’s employer during the events at issue.
DONE this the 13th day of January, 2014.
/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE