Cole v. McLaurin et al

Filing 44

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 court ORDERS that the defendant's motion for summary judgment is GRANTED IN PART and DENIED IN PART. Specifically, the motion is GRANTED as to the plaintiffs official capacity claim seeking monetary relief from the sole remaining defendant, Christopher A. McLaurin, and DENIED in all other respects. This matter is REFERRED to the magistrate judge for further proceedings. Signed by Judge L Scott Coogler on 6/30/2020. (PSM)

FILED
2020 Jun-30 PM 02:45
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 A. MCLAURIN,
Defendant.

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Case No.: 4:17-cv-01635-LSC-SGC

MEMORANDUM OPINION AND ORDER
The magistrate judge entered a report on May 27, 2020, recommending the
defendant's special report be treated as a motion for summary judgment and, thus
construed, the motion be granted in part and denied in part. (Doc. 43). 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
ADOPTED, and the recommendation is ACCEPTED. Accordingly, the court
ORDERS that the defendant’s motion for summary judgment is GRANTED IN
PART and DENIED IN PART. Specifically, the motion is GRANTED as to the
plaintiff’s official capacity claim seeking monetary relief from the sole remaining

defendant, Christopher A. McLaurin, and DENIED in all other respects. This matter
is REFERRED to the magistrate judge for further proceedings.
DONE and ORDERED on June 30, 2020.

_____________________________
L. Scott Coogler
United States District Judge
160704

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