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

Filing 27

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)

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FILED 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 NORTHEASTERN DIVISION KESHA STEWART, individually and as the natural mother and next friend of B.E.S., I.N.S., and A.D.S., Plaintiff, v. CASE NO. 5:10-cv-0012-PWG ALABAMA DEPARTMENT OF HUMAN RESOURCES, STATE OF, et al., Defendants. 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 2

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