McClain v. Housing Authority of the City of Dothan et al

Filing 26

ORDERED as follows: 1) The 24 Recommendation of the Magistrate Judge is ADOPTED; 2) Plf Taprina McClain's 1 motion for preliminary injunction is GRANTED to the extent that she promptly be afforded a Section 8 termination proceeding that a llows an independent determination of damages to the unit and a determination of whether such damages should, under the applicable regulations, result in the termination of her benefits; and 3) This action is REFERRED back to the Magistrate Judge for further proceedings. Signed by Chief Judge William Keith Watkins on 7/11/2017. (wcl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION TAPRINA MCCLAIN, Plaintiff, v. HOUSING AUTHORITY OF THE CITY OF DOTHAN, et al., Defendants. ) ) ) ) ) ) ) ) ) ) CASE NO. 1:17-CV-264-WKW [WO] ORDER Before the court is the Recommendation of the Magistrate Judge. (Doc. # 24.) There being no timely objection filed to the Recommendation, and based on a review of the record, it is ORDERED as follows: 1. The Recommendation of the Magistrate Judge (Doc. # 24) is ADOPTED; 2. Plaintiff Taprina McClain’s motion for preliminary injunction (Doc. # 1) is GRANTED to the extent that she promptly be afforded a Section 8 termination proceeding that allows an independent determination of damages to the unit and a determination of whether such damages should, under the applicable regulations, result in the termination of her benefits; and 3. This action is REFERRED back to the Magistrate Judge for further proceedings. DONE this 11th day of July, 2017. /s/ W. Keith Watkins CHIEF UNITED STATES DISTRICT JUDGE 2

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