Brooks v. McDonald et al (JOINT ASSIGN)(MAG+)

Filing 55

ORDERED as follows: 1) Plf's 54 objection is OVERRULED; 2) The 53 Recommendation is ADOPTED; 3) Dfts' 29 Motion to Dismiss is GRANTED; 4) Plf's claims against The Montgomery Advertiser and Kala Kachmar are DISMISSED for failure t o state a claim upon which relief can be granted; 5) The Clerk of the Court is DIRECTED to terminate The Montgomery Advertiser and Kala Kachmar as Dfts in this action; 6) This action is referred back to the Magistrate Judge for further proceedings. Signed by Chief Judge William Keith Watkins on 2/26/2016. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION DANNY L. BROOKS, ) ) ) ) ) ) ) ) ) ) Plaintiff, v. ROBERT McDONALD, et al., Defendants. CASE NO. 3:15-CV-383-WKW [WO] ORDER On February 11, 2016, the Magistrate Judge filed a Recommendation (Doc. # 53) to which Plaintiff filed an objection (Doc. # 54). The court has conducted an independent and de novo review of those portions of the Recommendation to which objection is made. See 28 U.S.C. § 636(b). The Complaint contains no allegations that demonstrate a plausible claim against Defendants The Montgomery Advertiser and Kala Kachmar (collectively “Defendants”). The Recommendation’s analysis is sound, and Plaintiff’s objection lacks merit. Accordingly, it is ORDERED as follows: 1. Plaintiff’s objection (Doc. # 54) is OVERRULED. 2. The Recommendation (Doc. # 53) is ADOPTED. 3. Defendants’ Motion to Dismiss (Doc. # 29) is GRANTED. 4. Plaintiff’s claims against The Montgomery Advertiser and Kala Kachmar are DISMISSED for failure to state a claim upon which relief can be granted. 5. The Clerk of the Court is DIRECTED to terminate The Montgomery Advertiser and Kala Kachmar as Defendants in this action. 6. This action is referred back to the Magistrate Judge for further proceedings. DONE this 26th day of February, 2016. /s/ W. Keith Watkins CHIEF UNITED STATES DISTRICT JUDGE 2

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