Simpson v. Alabama Department of Human Resources, State of et al

Filing 25

ORDER ADOPTING the 20 Magistrate Judge's Report and Recommendation IN PART,FINDING AS MOOT 7 Motion to Dismiss in light of the 21 Amended Complaint and 23 Motion to Dismiss the Amended Complaint, DENYING 18 MOTION to recuse Judge Cornelius. This matter is REFERRED back to the Magistrate Judge for further action regarding the pending 23 Motion to Dismiss the Amended Complaint. Signed by Judge Virginia Emerson Hopkins on 3/2/2016. (JLC)

FILED
2016 Mar-02 AM 11:41
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
SAMMY EDWARDS SIMPSON, II, )
)
)
Plaintiff,
)
) Case No.: 4:13-CV-1450-SGC
v.
)
)
STATE OF ALABAMA
)
DEPARTMENT OF HUMAN
)
RESOURCES, et al.,
)
)
Defendants.
)

ORDER ADOPTING REPORT AND RECOMMENDATION IN PART
On January 15, 2016, 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. No objections
have been filed by either the plaintiff or the defendants. However, the plaintiff has
filed an Amended Complaint since the magistrate judge submitted her report and
recommendation; the defendants have moved to dismiss it.
After careful consideration of the record in this case and the magistrate
judge's report and recommendation, the court hereby ADOPTS IN PART the
report of the magistrate judge. The court further ACCEPTS IN PART the

recommendations of the magistrate judge, and it is, therefore,
DONE and ORDERED, ADJUDGED and DECREED that:
1.

Simpson’s motion to recuse Judge Cornelius (doc. 18) is DENIED.

2.

The Motion to Dismiss (Doc. 7) is termed as MOOT in light of the
Amended Complaint (doc. 21) and Motion to Dismiss the Amended
Complaint (doc. 23).

3.

This matter is REFERRED back to the magistrate judge for further
action regarding the pending Motion to Dismiss the Amended
Complaint.

DONE this the 2nd day of March, 2016.

VIRGINIA EMERSON HOPKINS
United States District Judge

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