Bryant v. City of Dothan, Alabama et al

Filing 28

OPINION and ORDER (1) ADOPTING 27 REPORT AND RECOMMENDATION of the Magistrate Judge; (2) defs' granting 24 Motion for More Definite Statement is granted, and that defs' 24 Motion to Dismiss is denied as moot; (3) plf shall refile his proposed second amended complaint by 7/7/2017; further ORDERING that this case is referred back to the magistrate judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 6/28/17. (djy, )

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

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)
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)
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Plaintiff,
v.
CITY OF DOTHAN, ALABAMA,
a municipal corporation;
et al.,
Defendants.

CIVIL ACTION NO.
1:16cv913-MHT
(WO)

OPINION AND ORDER
Pursuant

to

plaintiff

filed

subjected

to

42

officers.

U.S.C.

this

case

excessive

This

case

§

is

1983

and

claiming

force

by

before

state

that

law
the

law,

he

was

enforcement

court

on

the

recommendation of the United States Magistrate Judge
that defendants’ motion for a more definite statement
be

granted;

denied

as

that

moot;

defendants’
and

that

motion

plaintiff

to
be

dismiss

be

directed

to

refile his proposed second amendment complaint.
are

no

objections

to

the

recommendation.

There

Upon

an

independent and de novo review of the record, it is
ORDERED as follows:
(1) The

recommendation

of

the

United

States

Magistrate Judge (doc. no. 27) is adopted.
(2) Defendants’
statement

(doc.

motion

no.

24)

for
is

a

more

granted,

definite
and

that

defendants’ motion to dismiss (doc. no. 24) is denied
as moot.
(3) Plaintiff

shall

refile

his

proposed

second

amended complaint by July 7, 2017.
It is further ORDERED that this case is referred
back to the magistrate judge for further proceedings.
DONE, this the 28th day of June, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE