Carey v. Director of Parole Board (INMATE 1)

Filing 42

ORDERED as follows: 1) The 39 Recommendation is ADOPTED; 2) Plf's 35 motion to dismiss all claims against Dft Lyn Head pursuant to Rule 41(a)(2) FRCP is GRANTED; 3) All claims of Plf Carlos Carey against Dft Lyn Head are DISMISSED with preju dice, and the Clerk of the Court is DIRECTED to terminate Lyn Head as a dft in this action; 4) This case is referred back to the Magistrate Judge for further proceedings. Signed by Chief Judge William Keith Watkins on 5/17/2017. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
CARLOS CAREY, #245045,
Plaintiff,
v.
CLIFF WALKER, et al.,
Defendants.

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CASE NO. 2:16-CV-577-WKW

ORDER
On April 19, 2017, the Magistrate Judge filed a Recommendation (Doc. #
39), to which no objections have been filed. Upon an independent review of the
record and upon consideration of the Recommendation, it is ORDERED as
follows:
1.

The Recommendation (Doc. # 39) is ADOPTED.

2.

Plaintiff’s motion to dismiss all claims against Defendant Lyn Head (Doc. #

35) pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure 1 is
GRANTED.
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A plaintiff may dismiss all claims against a defendant under Rule 41 even if there are
other defendants in the case. Klay v. United Healthgroup, Inc., 376 F.3d 1092, 1106 (11th Cir.
2004) (“Rule 41 allows a plaintiff to dismiss all of his claims against a particular defendant
. . . .”); see also Plain Growers, Inc. ex rel. Florists’ Mut. Ins. Co. v. Ickes-Braun Glasshouses,
Inc., 474 F.2d 250, 254 (5th Cir. 1973) (“There is little merit in the argument that the court could
not dismiss the action as to less than all defendants upon motion [under (a)(2)] . . . .”); Bonner v.
City of Prichard, Ala., 661 F.2d 1206, 1209 (11th Cir. 1981) (en banc).

3.

All claims of Plaintiff Carlos Carey against Defendant Lyn Head are

DISMISSED with prejudice, and the Clerk of the Court is DIRECTED to terminate
Lyn Head as a defendant in this action.
4.

This case is referred back to the Magistrate Judge for further proceedings.
DONE this 17th day of May, 2017.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

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