Garrett v. Cochran et al (INMATE 2)

Filing 18

JUDGMENT: It is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The United States Magistrate Judge's recommendation (doc. no. 9 ) is adopted, with the exception set forth in the opinion entered today. (2) All claims against defenda nt Roanoke Police Department are dismissed with prejudice, and he Roanoke Police Department is terminated as a party to this case. (3) The claims against defendant City of Roanoke are dismissed without prejudice and with leave to amend the complaint by October 5, 2016, as further set out. It is further ORDERED that no costs are taxed. This case is not closed, and is referred back to the Magistrate Judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 9/14/2016. (Attachments: # 1 Civil Appeals Checklist)(kh, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION
CHRISTOPHER J. GARRETT,

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Plaintiff,
v.
OFFICER CHRISTOPHER
COCHRAN, et al.,
Defendants.

CIVIL ACTION NO.
3:16cv558-MHT
(WO)

JUDGMENT
In accordance with the memorandum opinion entered
today, it is the ORDER, JUDGMENT, and DECREE of the
court as follows:
(1) The

United

recommendation

(doc.

States
no.

9)

Magistrate
is

adopted,

Judge's
with

the

exception set forth in the opinion entered today.
(2) All
Department

claims
are

against

dismissed

defendant
with

Roanoke

prejudice,

Police

and

the

Roanoke Police Department is terminated as a party to
this case.

(3) The claims against defendant City of Roanoke
are dismissed without prejudice and with leave to amend
the complaint by October 5, 2016.

However, should no

motion for leave to amend the complaint be filed within
the

time

allowed,

the

dismissal

shall

be

with

prejudice, and the City of Roanoke shall be terminated
as a party.
It is further ORDERED that no costs are taxed.
This case is not closed, and is referred back to
the Magistrate Judge for further proceedings.
DONE, this the 14th day of September, 2016.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE