Watts v. City of Opelika, Alabama et al

Filing 48

ORDERED as follows: (1) All claims against defendant Joshua Combs are dismissed except for plaintiff Calvin Watts's § 1983 Fourth Amendment excessive-force claim (Count I) and his state-law assault-and-battery claim (Count X), which remain pending. (2) Plaintiff Combs's motion for summary judgment (doc. no. 24 ) is denied as moot with respect to the dismissed claims and remains pending with respect to the excessive-force and assault-and-battery claims. (3) The magistrate judge� 39;s report and recommendation (doc. no. 43 ) and plaintiff Combs's objections (doc. no. 44 ) are moot as to the dismissed claims and remain pending with respect to the excessive-force and assault-and-battery claims. Signed by Honorable Judge Myron H. Thompson on 11/23/2015. (kh, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION
CALVIN WATTS,

)
)
)
)
)
)
)
)
)

Plaintiff,
v.
JOSHUA COMBS,
Defendant.

CIVIL ACTION NO.
3:13cv742-MHT
(WO)

ORDER
Based on the representations made on the record at
a

pretrial

hearing

on

November

23,

2015,

and

by

agreement of the parties, it is ORDERED as follows:
(1) All claims against defendant Joshua Combs are
dismissed except for plaintiff Calvin Watts’s § 1983
Fourth Amendment excessive-force claim (Count I) and
his

state-law

assault-and-battery

claim

(Count

X),

which remain pending.
(2) Plaintiff Combs’s motion for summary judgment
(doc. no. 24) is denied as moot with respect to the
dismissed claims and remains pending with respect to
the excessive-force and assault-and-battery claims.

(3) The
recommendation

magistrate
(doc.

no.

judge’s
43)

and

report
plaintiff

and
Combs’s

objections (doc. no. 44) are moot as to the dismissed
claims

and

remain

pending

with

respect

to

the

excessive-force and assault-and-battery claims.
DONE, this the 23rd day of November, 2015.
_ /s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE