Williams v. Caton et al (MAG+)

Filing 23

JUDGMENT: It is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The United States Magistrate Judge's 20 Recommendation is adopted. (2) The 9 Motion to Dismiss is granted to the extent that it seeks to dismiss as defendants Jim Caton and Jessie Summerset, and said defendants are dismissed without prejudice and terminated as parties, with all parties to bear their own costs. (3) The 9 Motion to Dismiss is denied to the extent it is based on the contention that Andalusia Ti re Company is not a defendant. It is declared that Andalusia Tire Company was named as a defendant in the original complaint. (4) Because defendant Andalusia Tire Company was inadvertently omitted from the docket sheet, the clerk of the court is to a dd said defendant to the docket sheet, as of the filing of the original complaint, and to initiate the paperwork for service on it. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to FRCP 58. This csae is not closed, and is referred back to the United States Magistrate Judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 9/23/2015. (Attachments: # 1 Civil Appeals Checklist)(dmn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
MICHEAL GERMAINE WILLIAMS, )
)
Plaintiff,
)
)
v.
)
)
JIM CATON, JESSIE
)
SUMMERSET, and ANDALUSIA
)
TIRE COMPANY,
)
)
Defendants.
)

CIVIL ACTION NO.
2:14cv873-MHT
(WO)

JUDGMENT
In

accordance

with

the

memorandum

opinion

entered

today, it is the ORDER, JUDGMENT, and DECREE of the court
as follows:
(1) The

United

States

Magistrate

Judge's

recommendation (doc. no. 20) is adopted.
(2) The motion to dismiss (doc. no. 9) is granted to
the extent that it seeks to dismiss as defendants Jim
Caton

and

Jessie

Summerset,

and

said

defendants

are

dismissed without prejudice and terminated as parties,
with all parties to bear their own costs.
(3)

The motion to dismiss (doc. no. 9) is denied to

the extent it is based on the contention that Andalusia

Tire Company is not a defendant. It is declared that
Andalusia Tire Company was named as a defendant in the
original complaint.
(4)

Because

defendant

Andalusia

Tire

Company

was

inadvertently omitted from the docket sheet, the clerk of
the court is to add said defendant to the docket sheet,
as

of

the

filing

of

the

original

complaint,

and

to

initiate the paperwork for service on it.
The clerk of the court is DIRECTED to enter this
document on the civil docket as a final judgment pursuant
to Rule 58 of the Federal Rules of Civil Procedure.
This case is not closed, and is referred back to the
United States Magistrate Judge for further proceedings.
DONE, this the 23rd day of September, 2015.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE