McQueen v. Grisset et al (JOINT ASSIGN)(MAG+)

Filing 44

ORDER that (1) The 43 Recommendation is ADOPTED; (2) Defendants 39 Motion to Dismiss is GRANTED to the extent that the motion seeks dismissal of Plaintiffs § 1983 claims against the State of Alabama and ALDOT as alleged in paragraphs 3 and 7 and the prayer for relief of the Second Amended Complaint; and(3) This matter is referred back to the Magistrate Judge for further proceedings. Signed by Chief Judge William Keith Watkins on 3/29/2016. (Attachments: # 1 Civil Appeals Checklist)(dmn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
CLAUDE MCQUEEN,
Plaintiff,
v.
ALABAMA DEPARTMENT OF
TRANSPORTATION, et al.,
Defendants.

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CASE NO. 2:14-CV-1016-WKW

ORDER
On March 10, 2016, the Magistrate Judge filed a Recommendation to which no
timely objections have been filed. (Doc. # 43.) Upon an independent review of the file
and upon consideration of the Recommendation, it is ORDERED that
(1)

The Recommendation is ADOPTED;

(2)

Defendants’ Motion to Dismiss (Doc. # 39) is GRANTED to the extent that

the motion seeks dismissal of Plaintiff’s § 1983 claims against the State of Alabama and
ALDOT as alleged in paragraphs 3 and 7 and the prayer for relief of the Second Amended
Complaint; and
(3)

This matter is referred back to the Magistrate Judge for further proceedings.

DONE this 29th day of March, 2016.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE