Thomas v. Cognasi, et al (MAG+)

Filing 25

JUDGMENT, after an independent and de novo review of the record, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) the 23 REPORT AND RECOMMENDATION of the Magistrate Judge is adopted; (2) the defendants' 3 Motion to Dismis s and alternative 3 Motion for More Definite Statement are granted to the extent that defs Cognasi and Quinn are dismissed in their 'official capacities'; (3) the defs' 3 motion to dismiss and alternative motion for more definite statement are denied in all other respects; none of the defendants is terminated completely from this case; (4) this case is referred back to the magistrate judge for further appropriate proceedings. Signed by Honorable Judge Myron H. Thompson on 3/31/14. (Attachments: # 1 civil appeals checklist)(djy, )

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

NELSON L. THOMAS,
)
)
)
)
)
)
)
)
)

Plaintiff,
v.
OFFICER NICHOLAS COGNASI,
et al.,
Defendants.

CIVIL ACTION NO.
2:13cv575-MHT
(WO)

JUDGMENT
After an independent and de novo review of the record,
it is the ORDER, JUDGMENT, and DECREE of the court as
follows:
(1) The

United

States

Magistrate

Judge’s

recommendation (doc. no. 23), to which no objection has
been filed, is adopted.
(2) The defendants' motion to dismiss and alternative
motion

for

more

definite

statement

(doc.

no.

3)

are

granted to the extent that defendants Cognasi and Quinn
are dismissed in their ‘official capacities.’

(3) The defendants' motion to dismiss and alternative
motion for more definite statement (doc. no. 3) are denied
in

all

other

respects.

None

of

the

defendants

is

terminated completely from this case.
(4) This case is referred back to the magistrate judge
for further appropriate proceedings.
DONE, this the 31st day of March, 2014.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE