Jones v. Brown et al

Filing 32

MEMORANDUM OPINION and ORDER re 31 Report and Recommendation; the magistrate judge's report is hereby ADOPTED and the recommendation is ACCEPTED; The court ORDERS that defendants Hart and Cook's motion for summary judgment 11 , is DEN IED and these claims are REFERRED to the magistrate judge for further proceedings; The court further ORDERS that the plaintiffs claims against defendant Jeremy Brown are DISMISSED WITHOUT PREJUDICE due to the plaintiff's failure to obtain service on this defendant. Signed by Judge Abdul K Kallon on 07/06/2017. (KBB)

FILED
2017 Jul-06 AM 08:34
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
ANTHONY R. JONES,
Plaintiff,
v.
JEREMY BROWN, C.O.I., et al.,
Defendants.

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Civil Action Number:
2:16-cv-01505-AKK-JHE

MEMORANDUM OPINION AND ORDER
The magistrate judge filed a report on June 16, 2017, recommending that the
defendants’ motion for summary judgment, doc. 11, be denied as to defendants
Officer Troy Hart and Officer Landon Cook. Doc. 31. The magistrate judge further
recommended that the plaintiff’s claims be dismissed without prejudice as to
Jeremy Brown, due to the plaintiff’s failure to obtain service on this defendant.
Doc. 31 at 1 n.1. Although the parties were advised of their right to file specific
written objections within fourteen days, no objections have been received by the
court.
Having carefully reviewed and considered de novo all the materials in the
court file, including the report and recommendation, the magistrate judge’s report
is hereby ADOPTED and the recommendation is ACCEPTED. Accordingly, the
court ORDERS that defendants Hart and Cook’s motion for summary judgment,

doc. 11, is DENIED and these claims are REFERRED to the magistrate judge for
further proceedings.
The court further ORDERS that the plaintiff’s claims against defendant
Jeremy Brown are DISMISSED WITHOUT PREJUDICE due to the plaintiff’s
failure to obtain service on this defendant.
DONE the 6th day of July, 2017.

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ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE

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