Bazemore v. Dynamic Security (MAG+)

Filing 25

ORDERING and ADJUDGING that the 16 REPORT AND RECOMMENDATION of the Mag Judge be and is hereby ADOPTED and that: (1) the 7 Motion to Dismiss filed by Dynamic Security is GRANTED as to plaintiff's Title VII claim and that plaintiffs Title VII claim is DISMISSED with prejudice; (2) plaintiff's Title VII claim against Woodall is DISMISSED with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B); (3) Dynamic Security, Inc. is substituted for the defendant identified incorrectly as Dynamic Security; and (4) plaintiff's FMLA claims against the defendants are referred back to the Mag Judge for further proceedings. Signed by Honorable Judge Mark E. Fuller on 8/16/12. (Attachments: # 1 civil appeals checklist)(djy, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION OCTAVIA BAZEMORE, Plaintiff, v. DYNAMIC SECURITY, Defendants. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:12cv436-MEF ORDER On July 26, 2012, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. # 16). Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge be and is hereby ADOPTED and that: 1. The motion to dismiss filed by defendant Dynamic Security (Doc. # 7) is GRANTED as to plaintiff’s Title VII claim and that plaintiff’s Title VII claim is DISMISSED with prejudice; 2. Plaintiff’s Title VII claim against Woodall is DISMISSED with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B); 3. Dynamic Security, Inc. is substituted for the defendant identified incorrectly as Dynamic Security;1 and 1 See Doc. # 7 at p. 1. 4. Plaintiff’s FMLA claims against the defendants are referred back to the Magistrate Judge for further proceedings. DONE this the 16th day of August, 2012. /s/ Mark E. Fuller UNITED STATES DISTRICT JUDGE 2

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