Files v. Taylor et al (INMATE 2)

Filing 43

ORDER directing as follows: (1) the plf's 42 Objections to Report and Recommendations be and are hereby OVERRULED; (2) that the 40 Report and Recommendation of the Magistrate be and is hereby ADOPTED ; (3) the defs Morris, Taylor and Young's 20 Motion to Dismiss be and is hereby GRANTED, and the plf's amended complaint against these defs be and is hereby DISMISSED with prejudice; (4) that the defs be and are hereby DISMISSED as parties to this action; and (5) that this case with respect to the remaining defs be and is REFERRED back to the Mag Judge for further proceedings. Signed by Honorable Judge Emily C. Marks on 1/7/19. (Attachments: # 1 civil appeals checklist)(djy, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
EARNEST J. FILES, JR.,
Plaintiff,
v.
CLAYTON KIM TAYLOR, et al.,
Defendants.

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) CIV. ACT. NO. 3:17cv615-ECM
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ORDER

On October 19, 2018, the Magistrate Judge entered a Recommendation
recommending that defendants Taylor, Young and Morris’ motion to dismiss be
granted. (Doc. 40). On October 29, 2018, the plaintiff filed objections to the
Recommendation of the Magistrate Judge. (Doc. 42). The Court has carefully
reviewed the record in this case, the Recommendation of the Magistrate Judge, and
the plaintiff’s objections. Upon an independent review of the file in this case and
for good cause, it is
ORDERED as follows:
1. that the plaintiff’s objections be and are hereby OVERRULED;
2. that the Recommendation of the Magistrate be and is hereby ADOPTED;

3. that defendants Morris, Taylor and Young’s motion to dismiss be and is
hereby GRANTED, and the plaintiff’s amended complaint against these
defendants be and is hereby DISMISSED with prejudice.
4. that these defendants be and are hereby DISMISSED as parties to this
action; and
5. that this case with respect to the remaining defendants be and is
REFERRED back to the Magistrate Judge for further proceedings.
DONE this 7th day of January, 2019.
/s/ Emily C. Marks
EMILY C. MARKS
UNITED STATES DISTRICT JUDGE