Shortz v. City of Phenix City, Alabama et al (MAG+)

Filing 30

JUDGMENT, it is the ORDER, JUDGMENT and DECREE of the court as follows: (1) plf Shortz's 28 & 29 objections are overruled; (2) the Magistrate Judge's 25 REPORT AND RECOMMENDATION is ADOPTED; (3) defendants' 10 Motion to Dismi ss is granted as to defendant F. Patrick Loftin and defendant Loftin is dismissed and terminated as a party; (4) said 10 motion to dismiss is denied without prejudice as to all other defendants and with leave to them to refile said motion after plaintiff Shortz files an amended complaint; this case is not closed. Signed by Honorable Judge Myron H. Thompson on 8/29/14. (Attachments: # 1 civil appeals checklist)(djy, )

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

JAMES H. SHORTZ,
Plaintiff,
v.
CITY OF PHENIX CITY,
ALABAMA, et al.,
Defendants.

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CIVIL ACTION NO.
3:14cv612-MHT
(WO)

JUDGMENT
After an independent and de novo review of the record,
it is the ORDER, JUDGMENT, and DECREE of the court as
follows:
(1) Plaintiff James H. Shortz’s objections (Doc. Nos.
28 and 29) are overruled.
(2) The magistrate judge’s recommendation (Doc. No.
25) is adopted.
(3) Defendants’ motion to dismiss (Doc. No. 10) is
granted as to defendant F. Patrick Loftin and
defendant Loftin is dismissed and terminated as a
party.

(4) Said motion to dismiss (Doc. No. 10) is denied
without prejudice as to all other defendants and
with leave to them to refile said motion after
plaintiff Shortz files an amended complaint.
This case is not closed.
DONE, this the 29th day of August, 2014.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE