Childrey v. CGI Technologies and Solutions et al(MAG+)

Filing 71

JUDGMENT: It is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The 68 Recommendation of the Magistrate Judge, to which no objection has been made, is adopted. (2) Defendant CGI Technologies and Solutions' motion to dismiss Count III of the second amended complaint (doc. no. 51 ) is granted. (3) Count III of the second amended complaint is dismissed. (4) Pursuant to Fed. R. Civ. P. 41(a)(2), Counts IV and V of the second amended complaint are dismissed without prejudice. (5) Defendant Willie McCall is dismissed andterminated as a party. (6) Defendant McCalls motion to dismiss (doc. no. 52 ) is denied as moot. (7) This case is referred back to the magistratejudge for further appropriate proceedings. It is not closed. Signed by Honorable Judge Myron H. Thompson on 1/12/2015. (Attachments: # 1 Civil Appeals Checklist)(dmn, ) Modified on 1/12/2015 (dmn, ).

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

ZEFFIE CHILDREY,

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)
)
)
)
)
)
)
)
)
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Plaintiff,
v.
CGI TECHNOLOGIES AND
SOLUTIONS and WILLIE
McCALL,
Defendants.

CIVIL ACTION NO.
2:14cv616-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

recommendation

of

the

magistrate

judge

(doc. no. 68), to which no objection has been made, is
adopted.
(2) Defendant
motion

to

dismiss

CGI
Count

Technologies
III

of

the

and

Solutions’

second

amended

complaint (doc. no. 51) is granted.
(3) Count III of the second amended complaint is
dismissed.

(4) Pursuant to Fed. R. Civ. P. 41(a)(2), Counts IV
and V of the second amended complaint are dismissed
without prejudice.
(5) Defendant

Willie

McCall

is

dismissed

and

terminated as a party.
(6) Defendant McCall’s motion to dismiss (doc. no.
52) is denied as moot.
(7) This case is referred back to the magistrate
judge for further appropriate proceedings.

It is not

closed.
DONE, this the 12th day of January, 2015.
/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE