Miller v. City of Dothan Police Dept. et al (MAG+)

Filing 21

OPINION AND ORDER: it is ORDERED that: (1) The US Magistrate Judge's 20 recommendation is adopted; (2) Dft's 7 motion to dismiss is denied as moot; This case is referred back to the US Magistrate Judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 9/27/2017. (wcl, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION KEVIN DEON MILLER, ) ) ) ) ) ) ) ) ) Plaintiff, v. CITY OF DOTHAN, ALABAMA, Defendant. CIVIL ACTION NO. 1:16cv937-MHT (WO) OPINION AND ORDER Plaintiff filed this lawsuit asserting claims of employment discrimination and retaliation. This lawsuit is now before the court on the recommendation of the United States Magistrate Judge that defendant’s motion to dismiss be denied as moot in light of the filing of an amended complaint. objections to the recommendation. There are no After an independent and de novo review of the record, the court concludes that the magistrate judge’s recommendation should be adopted. * * * Accordingly, it is ORDERED that: (1) The United States Magistrate Judge's recommendation (doc. no. 20) is adopted. (2) Defendant's motion to dismiss (doc. no. 7) is denied as moot. This case is referred back to the United States Magistrate Judge for further proceedings. DONE, this the 27th day of September, 2017. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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