Lindsey v. Montgomery County Commission et al (INMATE 2)

Filing 37

ORDER VACATING 32 REPORT AND RECOMMENDATION of the Magistrate Judge; further ORDERING that defs shall file a response to 35 & 36 not later than Monday, 10/17/2016. Signed by Honorable Judge Susan Russ Walker on 10/3/16. (djy, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION ANDERT ALLEN LINDSEY, ) ) Plaintiff, ) ) v. ) ) DERRICK CUNNINGHAM, SHERIFF, ) MONTGOMERY COUNTY, et al., ) ) Defendants. ) CIVIL ACTION NO. 2:13-CV-485-WHA [WO] ORDER This matter is before the court on defendant’s objections to the undersigned’s report and recommendation and attached evidentiary submissions. (Docs. 35-36). In light of defendant’s objections and evidentiary submissions, which this court construes as supplemental out-of-time responses to the special report (Doc. 21), it is hereby ORDERED that the report and recommendation (Doc. 32) is VACATED. It is further ORDERED that defendants shall file a response to Docs. 35-36 not later than Monday, October 17, 2016. DONE, on this the 3rd day of October, 2016. /s/ Susan Russ Walker Susan Russ Walker Chief United States Magistrate Judge

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