Bender v. Baylor et al (INMATE2)

Filing 17

RECOMMENDATION OF THE MAGISTRATE JUDGE that: 1) Plaintiff's October 7, 2009 Motion to Dismiss Defendant Mayor Todd Strange 12 , be GRANTED; 2) Defendant Todd Strange be DISMISSED with prejudice as a party to this complaint; and, 3) This case with respect to the remaining defendants be referred back to the undersigned for additional proceedings. Objections to R&R due by 11/11/2009. Signed by Honorable Charles S. Coody on 10/29/2009. (br, )

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION _____________________________ TENNEYSON BENDER, #153 601 Plaintiff, v. * * * 2:09-CV-789-ID (WO)

CHIEF POLICE A.D. BAYLOR, MPD, * et al., Defendants. * _____________________________ RECOMMENDATION OF THE MAGISTRATE JUDGE On October 7, 2009 Plaintiff filed an amended complaint which contains a Motion to Dismiss Defendant Mayor Todd Strange. Upon review of the motion, the court concludes that it should be granted. Accordingly, it is the RECOMMENDATION of the Magistrate Judge that: 1. Plaintiff's October 7, 2009 Motion to Dismiss Defendant Mayor Todd Strange (Doc. No. 12), be GRANTED; 2. Defendant Todd Strange be DISMISSED with prejudice as a party to this complaint; and 3. This case with respect to the remaining defendants be referred back to the undersigned for additional proceedings. It is further ORDERED that the parties are DIRECTED to file any objections to the

Recommendation on or before November 11, 2009. Any objections filed must specifically identify the findings in the Magistrate Judge's Recommendation to which a party objects. Frivolous, conclusive or general objections will not be considered by the District Court. The parties are advised that this Recommendation is not a final order of the court and, therefore, it is not appealable. Failure to file written objections to the proposed findings and recommendations in the Magistrate Judge's report shall bar the party from a de novo determination by the District Court of issues covered in the report and shall bar the party from attacking on appeal factual findings in the report accepted or adopted by the District Court except upon grounds of plain error or manifest injustice. Nettles v. Wainwright, 677 F.2d 404 (5th Cir. 1982). See Stein v. Reynolds Securities, Inc., 667 F.2d 33 (11th Cir. 1982). See also Bonner v. City of Prichard, 661 F.2d 1206 (11th Cir. 1981) (en banc), adopting as binding precedent all of the decisions of the former Fifth Circuit handed down prior to the close of business on September 30, 1981. Done this 29th day of October, 2009.

/s/Charles S. Coody CHARLES S. COODY UNITED STATES MAGISTRATE JUDGE

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