Montgomery v. Alabama Department of Human Resources, State of et al
ORDER ADOPTING REPORT AND ACCEPTING RECOMMENDATION dfts' motion to dismiss first amended complaint 15 is MOOT; dfts Vonda Gilliam, Leigh Ann Jackson, and Angela Mayberry's motion to dismiss second amended complaint is GRANTED. Signed by Judge William M Acker, Jr on 8/20/12. (ASL)
2012 Aug-20 PM 04:35
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
individually and as the natural mother
and next friend of B.E.S., I.N.S.,
CASE NO. 5:10-cv-0012-PWG
ALABAMA DEPARTMENT OF HUMAN
RESOURCES, STATE OF, et al.,
MEMORANDUM OPINION AND ORDER
The magistrate judge filed a report and recommendation on August 2, 2012 (doc. 26),
recommending that defendants Vonda Gilliam, Leigh Ann Jackson, and Angela Mayberry’s motion to
dismiss the second amended complaint (doc. 23) be GRANTED. It also recommended that
defendants’ motion to dismiss plaintiffs’ first amended complaint (doc. 15) be found as MOOT. The
parties were allowed an opportunity in which to file objections. No objections have been received
from either party.
Having carefully reviewed and considered de novo all the materials in the court file, the Court
is of the opinion that the magistrate judge’s findings are due to be and are hereby ADOPTED and his
recommendation is ACCEPTED. Defendants’ motion to dismiss the first amended complaint (doc.
15) is MOOT. Defendants’ motion to dismiss the second amended complaint (doc. 23) is due to be
and hereby is GRANTED.
As to the foregoing it is SO ORDERED this the 20th day of August, 2012.
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE
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