Duncan v. Dunn et al (INMATE 1)

Filing 124

ORDERED as follows: (1) Plaintiff's motion to dismiss certain defendants (doc. no. 123 ) is granted. (2) Defendants Carter Davenport, Derrick Carter (referred to as "Warden Carter" in complaint), Walter Myers (referred to as "War den Myers" in complaint), Nathaniel Lawson (referred to as "Cpt. Lawson" in complaint), Shawn Logan (referred to as "Lt. Logan" in complaint), Mitchell Borders (referred to as "Sgt. Borden" in complaint), Camelis Ca rgle (referred to as "Capt. Cargill" in complaint), Kenneth Jones, Shontavius Smith, and Clatys Jenkins (referred to as "Cpt. Jenkins" in complaint) are dismissed from this action without prejudice and terminated as parties, with costs taxed as paid, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 9/8/2016. (kh, )

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

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Plaintiff,
v.
JEFFERSON S. DUNN, A.D.O.C.
Commissioner, et al.,
Defendants.

CIVIL ACTION NO.
2:16cv191-MHT
(WO)

ORDER
Pursuant to Fed. R. Civ. P. 41(a)(2), it is ORDERED
as follows:
(1) Plaintiff’s motion to dismiss certain defendants
(doc. no. 123) is granted.
(2)

Defendants

Carter

Davenport,

Derrick

Carter

(referred to as “Warden Carter” in complaint), Walter
Myers

(referred

Nathaniel

Lawson

to

as

“Warden

(referred

Myers”

to

as

in

“Cpt.

complaint),
Lawson”

in

complaint), Shawn Logan (referred to as “Lt. Logan” in
complaint),

Mitchell

Borders

(referred

to

as

“Sgt.

Borden” in complaint), Camelis Cargle (referred to as

“Capt. Cargill” in complaint), Kenneth Jones, Shontavius
Smith, and Clatys Jenkins (referred to as “Cpt. Jenkins”
in complaint) are dismissed from this action without
prejudice and terminated as parties, with costs taxed as
paid.
The
objection

court
to

assumes
this

that

order;

the

however,

defendants
if

there

have
are

no
any

objections, they must be filed within seven days from the
date of this order.
This case is not closed, and is referred back to the
United States Magistrate Judge for further proceedings.
DONE, this the 8th day of September, 2016.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE