Price v. Phillips et al

Filing 12

ORDER: The report and recommendation of June 4, 2013, 10 is VACATED. An Order for Special Report requiring the defendants to respond to the plaintiff's claims will be entered contemporaneously herewith. Signed by Magistrate Judge John H England, III on 06/27/2013. (PSM)

FILED
2013 Jun-27 PM 02:53
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

TIMOTHY PRICE,
Plaintiff,
v.
OFFICER A. PHILLIPS and
OFFICER B. HILL,
Defendants.

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Case No. 2:13-cv-00083-AKK-JHE

ORDER
On June 4, 2013, Magistrate Judge Robert Armstrong entered a report recommending that
this action be dismissed without prejudice for failing to state a claim upon which relief can be
granted. (Doc. #10). However, Judge Armstrong allowed the plaintiff fourteen days to file an
amended complaint for further consideration by the court. On June 14, 2013, the plaintiff submitted
an amended complaint which includes additional factual allegations in support of his excessive force
claims. (Doc. #11). Based upon the additional allegations submitted by the plaintiff, the court finds
it appropriate to require the defendants to respond to his claims. Accordingly, the report and
recommendation of June 4, 2013, is VACATED. An Order for Special Report requiring the
defendants to respond to the plaintiff’s claims will be entered contemporaneously herewith.
The Clerk is DIRECTED to serve a copy of this order upon the plaintiff.
Done this 27th day of June 2013.

JOHN H. ENGLAND, III
UNITED STATES MAGISTRATE JUDGE