McCord v. Mackey et al (MAG+)

Filing 33

MEMORANDUM OPINION AND ORDER: it is ORDERED as follows: 1.) The 32 Recommendation of the Magistrate Judge is ADOPTED; 2.) Dft Dr. Eric Mackey's 20 motion to dismiss is GRANTED, and he is DISMISSED from this action with prejudice; 3.) The 17 motion to dismiss and motion for more definite statement filed by Dft Montgomery County Board of Education and the Board officials is GRANTED to the extent that Dfts Dr. Melvin Brown, Dr. Ann Roy Moore, Kim Pitts-Gills, Dr. John Johnson, Jamario us Harris, and Dollie Jones are DISMISSED from this action with prejudice; Dft Montgomery County Board of Education's 17 motion for more definite statement is HELD IN ABEYANCE; 4.) This case is REFERRED back to the Magistrate Judge for consideration of the motion for more definite statement and other proceedings not inconsistent with this Opinion. Signed by Chief Judge Emily C. Marks on 8/30/2024. (BES)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
MONICA WYNEE MCCORD,
Plaintiff,
v.
DR. ERIC MACKEY, et al.,
Defendants.

)
)
)
)
) CIVIL CASE NO. 2:23-cv-700-ECM
)
)
)
)

MEMORANDUM OPINION and ORDER
On August 12, 2024, the Magistrate Judge entered a Recommendation (doc. 32) to
which no timely objections have been filed. Upon an independent review of the file and
upon consideration of the Recommendation, it is
ORDERED as follows:
1.

The Recommendation of the Magistrate Judge (doc. 32) is ADOPTED;

2.

Defendant Dr. Eric Mackey’s motion to dismiss (doc. 20) is GRANTED, and

he is DISMISSED from this action with prejudice;
3.

The motion to dismiss and motion for more definite statement filed by

Defendant Montgomery County Board of Education and the Board officials (doc. 17) is
GRANTED to the extent that Defendants Dr. Melvin Brown, Dr. Ann Roy Moore, Kim
Pitts-Gills, Dr. John Johnson, Jamarious Harris, and Dollie Jones are DISMISSED from
this action with prejudice. Defendant Montgomery County Board of Education’s motion
for more definite statement (doc. 17) is HELD IN ABEYANCE;

4.

This case is REFERRED back to the Magistrate Judge for consideration of

the motion for more definite statement (doc. 17) and other proceedings not inconsistent
with this Opinion.
DONE this 30th day of August, 2024.
/s/ Emily C. Marks
EMILY C. MARKS
CHIEF UNITED STATES DISTRICT JUDGE