Hall et al v. The State of Alabama et al(MAG+)

Filing 47

ORDER adopting 46 REPORT AND RECOMMENDATIONS; granting 28 , 35 and 36 MOTIONS to Dismiss; that 34 Motion to Dismiss is denied as moot; that Defendants Powe, Corporal Hall, Liedl, Johnson, Enj, Jenkins, and former Mayor Bright are dismissed w ithout prejudice; that Defendant Morman is dismissed without prejudice pursuant to 28 U.S.C. 1915(e)(2)(B); that all other defendants are dismissed with prejudice; that any other outstanding motions are denied as moot. Signed by Honorable Myron H. Thompson on 2/18/2010. (cc, )

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

ANTONIO HALL and CAROLYN HALL, Plaintiffs, v. THE STATE OF ALABAMA, et al., Defendants.

) ) ) ) ) ) ) ) ) )

CASE NO. 2:09-cv-342-MHT [wo]

ORDER On January 19, 2010, the magistrate judge issued a report and recommendation (Doc. 46) to which no timely objections were made. Upon an independent review of the record and upon consideration of the recommendation of the magistrate judge, it is the ORDER, JUDGMENT and DECREE that: (1) The report and recommendation of the magistrate judge (Doc.

46) is adopted. (2) (3) (4) The motions to dismiss (Docs. 28, 35, and 36) are granted. The motion to dismiss (Doc. 34) is denied as moot. Defendants Powe, Corporal Hall, Liedl, Johnson, Enj, Jenkins, and former Mayor Bright are dismissed without prejudice.

(5)

Defendant Morman is dismissed without prejudice pursuant to 28 U.S.C. ' 1915(e)(2)(B).

(6) (7)

All other defendants are dismissed with prejudice. Any other outstanding motions are denied as moot.

DONE, this the 18th day of February, 2010. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE