Davis v. West

Filing 24

ORDERED as follows: (1) The 21 recommendation of the United States Magistrate Judge is adopted. (2) The 8 motion to remand is denied. (3) The 7 first amended complaint is withdrawn. (4) The 10 motion to strike the first amended complaint and the 13 motion to dismiss the first amended complaint are denied as moot. This case is referred back to the magistrate judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 2/29/2016. (kh, )

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

GIBBS DAVIS,

)
)

Plaintiff,

)
)
)
)
)
)
)

v.
TAYLOR M. WEST,
Defendant.

CIVIL ACTION NO.
2:15cv944-MHT
(WO)

ORDER
After an independent and de novo review of the
record,

with

no

objections

filed

to

the

recommendation, and based upon the agreement of the
parties

set

forth

in

the

recommendation,

it

is

ORDERED as follows:
(1) The recommendation (doc. no. 21) of the
United States Magistrate Judge is adopted.
(2) The

motion

to

remand

(doc.

no.

8)

is

denied.
(3) The first amended complaint (doc. no. 7)
is withdrawn.

(4) The

motion

to

strike

the

first

amended

complaint (doc. no. 10) and the motion to dismiss
the

first

amended

complaint

(doc.

no.

13)

are

denied as moot.
This case is referred back to the magistrate
judge for further proceedings.
DONE, this the 29th day of February, 2016.
/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE