Nordell v. Montgomery Alabama Police Dept. et al (MAG+)

Filing 74

ORDERED that the plaintiff's 72 Objections are overruled; (2) that the 69 Report and Recommendation is adopted; (3) Defendants H.G. Wells and A.C. Heard are dismissed in both their official and individual capacities without prejudice; that ( 4) Defendant Municipal Jail Guard Green is dismissed in her individual capacity only and is still a party in her official capacity; and (5) Defendant's 59 and 60 Motions to Dismiss are denied. It is further ORDERED that this cause is referred back to the United States Magistrate Judge for further appropriate proceedings. Signed by Honorable Myron H. Thompson on 12/2/2008. (Attachments: # 1 Civil Appeals Checklist)(cb, )

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

KAREN JAYNE NORDELL, Plaintiff, v. H.G. WELLS, et al., Defendants.

) ) ) ) ) ) ) ) ) ORDER

CIVIL ACTION NO. 2:07cv1007-MHT

After

an

independent

and

de

novo

review

of

the

record, it is ORDERED as follows: (1) Plaintiff Karen Jayne Nordell's objections (Doc. No. 72) are overruled. (2) The United States Magistrate Judge's

recommendation (doc. no. 69) is adopted. (3) Defendants H.G. Wells and A.C. Heard are

dismissed in both their official and individual capacities without prejudice. (4) Defendant dismissed Municipal in her Jail Guard Green is

individual

capacity

only.

Defendant Green is still a party in her official capacity. (5) Defendant Green's motions to dismiss (Doc. Nos. 59 & 60) are denied. It is further ORDERED that this cause is referred back to the United States Magistrate Judge for further appropriate proceedings. DONE, this the 2nd day of December, 2008.

/s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE