Hughley v. Lee County, Alabama et al (JOINT ASSIGN)(MAG+)

Filing 11

JUDGMENT: It is the ORDER, JUDGMENT, and DECREE of the court that: (1) The Recommendations of the United States Magistrate Judge (doc. nos. 6 and 9 ) are adopted. (2) Plaintiff's 10 Objection is overruled. (3) To the extent plaintiff bring s claims for damages against defendant Luther Strange in his official capacity, those claims are dismissed with prejudice. (4) To the extent plaintiff seeks damages from defendant Eric Holder in his official capacity, those claims are dismissed with prejudice. (5) To the extent plaintiff seeks damages against defendants Holder and Strange in their individual capacities, and against Lee County and Chambers County, plaintiffs claims are dismissed without prejudice. (6) Plaintiffs claims against at torney John Tinney are dismissed without prejudice. (7) Defendant Tinneys motion to dismiss (doc. no. 3 ) is denied as moot. (8) This action is referred back to the magistratejudge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 5/8/2015. (dmn, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION JOHNNY HUGHLEY, ) ) ) ) ) ) ) ) ) ) Plaintiff, v. LEE COUNTY, ALABAMA, et al., Defendants. CIVIL ACTION NO. 3:15cv126-MHT (WO) JUDGMENT Upon an independent and de novo review of the record, it is the ORDER, JUDGMENT, and DECREE of the court that: (1) The recommendations of the United States Magistrate Judge (doc. nos. 6 and 9) are adopted. (2) Plaintiff’s objection (doc. no. 10) is claims for overruled. (3) damages To the against extent plaintiff defendant Luther brings Strange in his official capacity, those claims are dismissed with prejudice. (4) To the extent plaintiff seeks damages from defendant Eric Holder in his official capacity, those claims are dismissed with prejudice. (5) To the extent plaintiff seeks damages against defendants Holder and Strange in their individual capacities, and against Lee County and Chambers County, plaintiff’s claims are dismissed without prejudice. (6) Plaintiff’s claims against attorney John Tinney are dismissed without prejudice. (7) Defendant Tinney’s motion to dismiss (doc. no. 3) is denied as moot. (8) This action is referred back to the magistrate judge for further proceedings. DONE, this the 8th day of May, 2015. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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