Moody v. Alabama Department of Transportation, The et al

Filing 71

ORDER REGARDING MOTION TO DISMISS- The court finds that the R&R 66 is due to be and hereby is ACCEPTED and ADOPTED. The motion to dismiss 60 is due to be and hereby is GRANTED, and the sole claim against dft Gary Smith is DISMISSED WITH PREJUDICE. The case remains assigned to the magistrate judge for supervision of discovery and subsequent proceedings. Signed by Judge Sharon Lovelace Blackburn on 11/10/2014. (AVC)

FILED
2014 Nov-10 PM 02:19
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
A. JASON MOODY,
Plaintiff,
v.
THE ALABAMA DEPARTMENT
OF TRANSPORTATION, et al.,
Defendants.

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Case No. 2:12-cv-4056-TMP

ORDER REGARDING MOTION TO DISMISS
On July 15, 2014, the undersigned magistrate judge filed his report and recommendation
(doc. 66), recommending that the motion to dismiss (doc. 60) filed by defendant Gary Smith be
granted. No objections have been filed, and the time for filing such objections has expired. The case
has been assigned to the undersigned district judge, randomly selected for the purpose of reviewing
the report and recommendation.
Following careful de novo consideration of the motion and the response thereto, the court
finds that the Report and Recommendation is due to be and hereby is ACCEPTED and ADOPTED.
The motion to dismiss is due to be and hereby is GRANTED, and the sole claim against defendant
Gary Smith is DISMISSED WITH PREJUDICE.
The case remains assigned to the magistrate judge for supervision of discovery and
subsequent proceedings.

DONE the 10th day of November, 2014.

SHARON LOVELACE BLACKBURN
UNITED STATES DISTRICT JUDGE

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