EL-Bey v. Menefee et al (MAG+)
Filing
60
ORDER directing that, upon an independent review of the file and upon consideration of the 55 and 58 Recommendation of the Magistrate Judge, it is ORDERED as follows: (1) The Objections are OVERRULED, except as to Plaintiff's § 1983 cla im for false arrest by Tuskegee University campus police officers in the Bursar's Office on June 13, 2013; (2) Defendant Menefee's motion to dismiss (Doc. # 42 ) is DENIED; (3) Defendant Tuskegee University's original motion for summa ry judgment (Doc. # 25 ) is DENIED as moot; (4) Except as to Plaintiff's claim for false arrest, Defendant Tuskegee University's amended motion for summary judgment (Doc. # 47 ) is GRANTED and Plaintiff's claims against Defendant Tus kegee University are DISMISSED with prejudice; and (5) This case, with regard to Plaintiff's claims against Defendant Menefee and Plaintiff's claim against Tuskegee University for false arrest, is REFERRED BACK to the Magistrate Judge for further proceedings. Signed by Chief Judge William Keith Watkins on 11/21/14. (scn, )
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
WALTER-EL ALKEMET SHAKUR
EL-BEY,
Plaintiff,
v.
ALFONZA MENEFEE, et al.,
Defendants.
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CASE NO. 3:14-CV-47-WKW
ORDER
On October 14, 2014, and October 27, 2014, the Magistrate Judge filed
Recommendations in this case (Docs. # 55 & 58). On November 7, 2014, Plaintiff
filed Objections to the Recommendations. (Doc. # 59.) Upon an independent review
of the file and upon consideration of the Recommendation of the Magistrate Judge,
it is ORDERED as follows:
1.
The Objections are OVERRULED, except as to Plaintiff’s § 1983 claim
for false arrest by Tuskegee University campus police officers in the Bursar’s Office
on June 13, 2013;1
1
In Plaintiff’s Objections, the pro se Plaintiff submitted sworn statements of fact that were
not previously before the court. In an abundance of caution, the court declines to adopt the
recommendation as to the claim for false arrest until the factual dispute is resolved.
2.
Defendant Menefee’s motion to dismiss (Doc. # 42) is DENIED;
3.
Defendant Tuskegee University’s original motion for summary judgment
(Doc. # 25) is DENIED as moot;
4.
Except as to Plaintiff’s claim for false arrest, Defendant Tuskegee
University’s amended motion for summary judgment (Doc. # 47) is GRANTED and
Plaintiff’s claims against Defendant Tuskegee University are DISMISSED with
prejudice; and
5.
This case, with regard to Plaintiff’s claims against Defendant Menefee
and Plaintiff’s claim against Tuskegee University for false arrest, is REFERRED
BACK to the Magistrate Judge for further proceedings.
DONE 21st day of November, 2014.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE
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