Bender v. Baylor et al (INMATE2)

Filing 27

ORDER ADOPTING 17 Recommendation of the Magistrate Judge; GRANTING the Plaintiff's 12 Motion to Dismiss Mayor Todd Strange; DISMISSING Mayor Todd Strange as a defendant in this cause of action; REFERRING this case back to the Magistrate Judge for appropriate proceedings. Signed by Honorable Ira De Ment on 12/3/09. (br, )

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IN THE UNITED STATES DISTRICT COURT FO R THE MIDDLE DISTRICT OF ALABAMA N O RT HER N DIVISION T EN N EY SO N BENDER, #153601, P la i n t i ff, v. C HIEF OF POLICE BAYLOR, MPD, e t al., D e fe n d a n t s . ) ) ) ) ) ) ) ) ) ) C IVIL ACTION NO. 2:09cv789-ID (WO) ORDER O n October 29, 2009, the Magistrate Judge filed a Recommendation in this case to w h ich no timely objections have been filed. Upon an independent review of the file in this c a s e and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED as follows: 1. 2. T h a t the Recommendation be and is hereby ADOPTED. T h a t the Plaintiff's October 7, 2009, Motion to Dismiss Defendant Mayor Todd Stra n ge (Doc. No. 12), be and the same is hereby GRANTED. 3. T h a t Defendant Mayor Todd Strange be and is hereby DISMISSED as a d e fe n d a n t in this cause of action. 4. T h a t this case, with respect to the plaintiff's claims against the remaining d e fe n d a n ts, be and is hereby REFERRED BACK to the Magistrate Judge for appropriate p r o c e e d in gs . D o n e this the 3 r d day of December, 2009. /s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE

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