Cornett v. Alabama Department of Transportation (MAG+)

Filing 49

OPINION and ORDER directing as follows: (1) the plf's 48 objections be and are hereby OVERRULED; (2) the 46 REPORT AND RECOMMENDATION of the Magistrate Judge be and is hereby ADOPTED; (3) the defs' 12 Motion to Dismiss be and is hereby DENIED as moot; (4) the defs' 41 Motion to Dismiss the amended complaint be and is hereby GRANTED; (5) this case be and is hereby DISMISSED with prejudice. Signed by Honorable Judge Emily C. Marks on 11/7/18. (djy, )

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

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CIV. ACT. NO. 2:17cv335-ECM

OPINION and ORDER

On September 5, 2018, the Magistrate Judge entered a Recommendation
granting the defendants’ motion to dismiss the amended complaint (doc. # 41),
denying as moot the defendants’ motion to dismiss (doc. # 12) and dismissing the
plaintiff’s claims with prejudice. See Doc. # 46. On September 19, 2018, the
plaintiff filed objections to the order of the Magistrate Judge. See Doc. # 48. The
Court has carefully reviewed the record in this case, the Recommendation of the
Magistrate Judge, and the plaintiff’s objections. Upon an independent review of the
file in this case and for good cause, it is
ORDERED as follows:
1.

The plaintiff’s objections be and are hereby OVERRULED.

2.

The Recommendation of the Magistrate Judge be and is hereby
ADOPTED.

3.

The defendants’ motion to dismiss (doc. # 12) be and is hereby
DENIED as moot.

4.

The defendants’ motion to dismiss the amended complaint (doc. # 41)
be and is hereby GRANTED

5.

This case be and is hereby DISMISSED with prejudice.
A final judgment will be entered.

DONE this 7th day of November, 2018.

/s/ Emily C. Marks
EMILY C. MARKS
UNITED STATES DISTRICT JUDGE

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