Tompkins v. Barker et al

Filing 60

ORDER that Plaintiff's 58 objection is overruled; that Recommendation of the Magistrate Judge as amended ( 53 and 56 ) are adopted; that Plaintiff's 44 Petition for Emergency Preliminary Injunction is DENIED; that the The Board Defend ants' 27 Motion to Dismiss is GRANTED in part and DENIED in part; that Defendant Williams' 31 Motion to Dismiss is GRANTED; that Defendant Norton's 40 Motion to Dismiss is GRANTED as follows: a. Plaintiff's claims pursuant t o Title VII of the Civil Rights Act of 1964 are DISMISSED as to all Defendants except for the Montgomery County Board of Education; b. Plaintiff's claims pursuant to Title IX and 42 U.S.C. §§ 1983 & 1985 are DISMISSED as to all Defenda nts; c. All Defendants, excluding the Montgomery County Board of Education, are DISMISSED as parties to this action; that Plaintiff's 45 Motion for Leave to Add Defendant Joseph Morton is DENIED; that Plaintiff's 46 Motion for Leave to File His Second Amended Complaint is DENIED; that Plaintiff's 48 Motion for Protective Order is DENIED; that this matter is referred back to the Magistrate Judge for further appropriate proceedings. Signed by Honorable Judge Mark E. Fuller on 8/15/2011. (Attachments: # 1 Civil Appeals Checklist)(cc, )

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

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Plaintiff,
v.
JIMMY BARKER, et al.,
Defendants.

CASE NO. 2:10-cv-1015-MEF
WO

ORDER
After an independent review of the file, it is the ORDER, JUDGMENT and DECREE
of the court that:
1. The plaintiff's objection (Doc. #58) to the Recommendation of the Magistrate
Judge filed on August 1, 2011 is overruled;
2. The Recommendation of the Magistrate Judge as amended (Doc. #53 & 56) are
adopted;
3. Plaintiff's Petition for Emergency Preliminary Injunction (Doc. #44) is DENIED.
4. The Board Defendants' Motion to Dismiss (Doc. #27) is GRANTED in part and
DENIED in part, Defendant Williams' Motion to Dismiss (Doc. #31) is GRANTED, and
Defendant Norton's Motion to Dismiss (Doc. #40) is GRANTED as follows:
a. Plaintiff's claims pursuant to Title VII of the Civil Rights Act of 1964 are
DISMISSED as to all Defendants except for the Montgomery County Board of Education.

b. Plaintiff's claims pursuant to Title IX and 42 U.S.C. §§ 1983 & 1985 are
DISMISSED as to all Defendants.
c. All Defendants, excluding the Montgomery County Board of Education, are
DISMISSED as parties to this action.
5. Plaintiff's Motion for Leave to Add Defendant Joseph Morton (Doc. #45) is
DENIED.
6. Plaintiff's Motion for Leave to File His Second Amended Complaint (Doc. #46)
is DENIED.
7. Plaintiff's Motion for Protective Order (Doc. #48) is DENIED.
8. That this matter is referred back to the Magistrate Judge for further appropriate
proceedings.
th

DONE this the 15 day of August, 2011.

/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE

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