Cole v. McLaurin et al
Filing
35
MEMORANDUM OPINION AND ORDER 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 ADOPTED and the recommendation is ACCEPTED. Accordingly, the defendant's motion to dismiss 29 is DENIED, and the plaintiff's motion for summary judgment 30 is DENIED WITHOUT PREJUDICE to his right to reassert any substantive arguments following submission of the defendant's special repo rt. The defendant is ORDERED to fully comply with the September 12, 2018 Order for Special Report 16 within thirty (30) days from the entry date of this order. This matter is REFERRED to the magistrate judge for further proceedings. Signed by Judge L Scott Coogler on 8/12/2019. (PSM)
FILED
2019 Aug-12 PM 04:01
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
IDARIUS COLE,
Plaintiff,
v.
CHRISTOPHER McLAURIN,
Defendant.
)
)
)
)
)
)
)
)
)
Case No. 4:17-cv-01635-LSC-SGC
MEMORANDUM OPINION AND ORDER
On July 16, 2019, the magistrate judge filed a report (Doc. 33)
recommending: (1) the defendant’s motion to dismiss (Doc. 29) be denied; (2) the
plaintiff’s pleading (Doc. 30), styled as a motion for summary judgment, be denied
without prejudice; and (3) the defendant be required to submit a special report
addressing the plaintiff’s excessive force claim. Although the report advised the
parties 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 ADOPTED and the recommendation is ACCEPTED.
Accordingly, the
defendant’s motion to dismiss (Doc. 29) is DENIED, and the plaintiff’s motion for
summary judgment (Doc. 30) is DENIED WITHOUT PREJUDICE to his right
to reassert any substantive arguments following submission of the defendant’s
special report. The defendant is ORDERED to fully comply with the September
12, 2018 Order for Special Report (Doc. 16) within thirty (30) days from the entry
date of this order.
This matter is REFERRED to the magistrate judge for further proceedings.
DONE and ORDERED on August 12, 2019.
_____________________________
L. Scott Coogler
United States District Judge
160704
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?