Mosley v. Dominic et al (INMATE 1)

Filing 61

ORDER ON MOTION: At the close of testimony presented by the plaintiff during the evidentiary hearing held in this case on 11/3/2016, counsel for the defendants made an oral motion for judgment as a matter of law on the basis of the plaintiffs failure to present evidence in support of the failure-to-protect claims lodged against the defendants, and subsequently renewed this motion. The court took these motions under advisement. Upon consideration of the defendants motion for judgment as a matter of law and their renewed motion for judgment as a matter of law, the court deems the requested actionto be procedurally improper in as much as Federal Rule of Civil Procedure 50 provides an avenue for judgment as a matter of law only in the context of a jury trial. See FRCP 50(a)(1). It is therefore ORDERED that the oral motions are hereby DENIED. Signed by Honorable Judge Gray M. Borden on 11/16/2016. (dmn, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
FREDRICK BENARD MOSLEY,
AIS #233819,
Plaintiff,
v.
SGT. DOMINIC JONES, et al.,
Defendants.

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CASE NO. 2:13-CV-450-MHT
(WO)

ORDER ON MOTION

At the close of testimony presented by the plaintiff during the evidentiary hearing
held in this case on November 3, 2016, counsel for the defendants made an oral motion for
judgment as a matter of law on the basis of the plaintiff’s failure to present evidence in
support of the failure-to-protect claims lodged against the defendants, and subsequently
renewed this motion. The court took these motions under advisement.
Upon consideration of the defendants’ motion for judgment as a matter of law and
their renewed motion for judgment as a matter of law, the court deems the requested action
to be procedurally improper in as much as Federal Rule of Civil Procedure 50 provides an
avenue for judgment as a matter of law only in the context of a jury trial. See Fed. R. Civ.
P. 50(a)(1). It is therefore ORDERED that the oral motions are hereby DENIED.
DONE this 16th day of November, 2016.

/s/ Gray M. Borden
UNITED STATES MAGISTRATE JUDGE