Pugh v. Phenix City Police Department et al (MAG+)

Filing 22

JUDGMENT: it is ORDERED as follows: (1) The magistrate judge's 21 recommendation, to which no objection has been filed, is adopted; (2) The 8 motion to dismiss is granted to the extent that the Title VII claim against dfts Ray Smith and Robe rt Casteel in their individual capacities is dismissed; (3) The 8 motion to dismiss is denied to the extent that the Title VII claim against dfts Smith and Casteel in their official capacities is not dismissed; (4) The 8 motion to dismiss is gran ted to the extent that dft Phenix City Police Department is dismissed and terminated as a party; (5) The plf is allowed 14 days from the date of this order to file an amended complaint that names the proper dft or dfts, in place of dft Phenix City Po lice Department, and that contains a short and plain statement setting forth specific factual allegations from which it could be reasonably inferred that his employer discriminated against him on the basis of his race; DIRECTING the clerk to enter th is document on the civil docket as a final judgment pursuant to Rule 58 FRCP; This case is referred back to the magistrate judge and is not closed. Signed by Honorable Judge Myron H. Thompson on 3/31/2015. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

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

GEORGE PUGH,
Plaintiff,
v.
PHENIX CITY POLICE
DEPARTMENT, RAY SMITH AND
ROBERT CASTEEL,
Defendants.

)
)
)
)
)
)
)
)
)
)
)

CIVIL ACTION NO.
3:14cv178-MHT
(WO)

JUDGMENT
After an independent and de novo review

of the

record, it is ORDERED as follows:
(1) The magistrate judge’s recommendation (doc. no.
21), to which no objection has been filed, is adopted.
(2) The motion to dismiss (doc. no. 8) is granted
to

the

extent

defendants

Ray

that

the

Title

Smith

and

Robert

individual capacities is dismissed.

VII

claim

Casteel

against
in

their

(3) The motion to dismiss (doc. no. 8) is denied to
the extent that the Title VII claim against defendants
Smith and Casteel in their official capacities is not
dismissed.
(4) The motion to dismiss (doc. no. 8) is granted
to

the

extent

that

defendant

Phenix

City

Police

Department is dismissed and terminated as a party.
(5) The plaintiff is allowed 14 days from the date
of this order to file an amended complaint that names
the

proper

defendant
contains

defendant

Phenix
a

short

or

City
and

defendants,

Police
plain

in

Department,

statement

place
and

setting

of
that

forth

specific factual allegations from which it could be
reasonably

inferred

that

his

employer

discriminated

against him on the basis of his race.
The clerk of the court is DIRECTED to enter this
document

on

the

civil

pursuant

to

Rule

58

of

docket
the

Procedure.

2

as

a

Federal

final
Rules

judgment
of

Civil

This case is referred back to the magistrate judge
and is not closed.
DONE, this the 31st day of March, 2015.
/s/ Myron H. Thompson___
UNITED STATES DISTRICT JUDGE