A.D. v. Alabama Department of Human Resources et al

Filing 42

MEMORANDUM OPINION. Signed by Judge C Lynwood Smith, Jr on 1/31/2014. (AHI )

FILED
2014 Jan-31 PM 03:20
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

A.D., a minor who sues by and
through her mother and next
friend, MEEKA McGHEE,
Plaintiff,
vs.
ALABAMA DEPARTMENT OF
HUMAN RESOURCES, et al.,
Defendants.

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Case No. 2:10-cv-00311-CLS

MEMORANDUM OPINION
On March 11, 2013, the magistrate judge’s report and recommendation was
entered, and the parties were allowed therein fourteen (14) days in which to file
objections to the recommendations made by the magistrate judge. On March 25,
2013, defendants Lori McCullough and Ashley Wilson filed objections to the
magistrate judge’s report and recommendation, accompanied by exhibits. At the
court’s direction, plaintiff filed a response to the objections. Based on the objections
and the additional evidence filed by defendants, the magistrate judge entered a
supplemental report and recommendation on May 9, 2013, and the parties were
allowed therein fourteen (14) days in which to file objections to the supplemental

recommendations made by the magistrate judge. On May 23, 2013, plaintiff filed
objections to the magistrate judge’s supplemental report and recommendation.
After careful consideration of the record in this case, the magistrate judge’s
report and recommendation and defendants’ objections thereto, the magistrate judge’s
supplemental report and recommendation and plaintiff’s objections thereto, the court
hereby ADOPTS the reports of the magistrate judge. The court further ACCEPTS the
recommendations of the magistrate judge as to defendants Alabama Department of
Human Resources; Nancy Buckner, Director of Alabama Department of Human
Resources, in her individual capacity; the Jefferson County Department of Human
Resources; and Amanda Rice, Director of Jefferson County Department of Human
Resources, individually, that the motion for summary judgment of these defendants
be granted and this action dismissed with prejudice as to these defendants. The court
further ACCEPTS the supplemental recommendations of the magistrate judge as to
defendants Lori McCullough and Ashley Wilson, that the motion for summary
judgment filed by these defendants be granted and this action dismissed with
prejudice as to these defendants. The court further ACCEPTS the supplemental
recommendations of the magistrate judge, that plaintiff’s claims against NeKeshia
Wyatt and Marco Clarence Wyatt be dismissed without prejudice for lack of
prosecution.

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A separate order in conformity with this Memorandum Opinion will be entered
contemporaneously herewith.
DONE this 31st day of January, 2014.

______________________________
United States District Judge

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