Pugh v. Dix et al

Filing 58

ORDER ADOPTING 53 REPORT AND RECOMMENDATION. Plaintiff's motion to amend 30 is denied and plaintiff's motion to amend 52 is granted; all of plaintiff's claims except plaintiff's claims of excessive use of force against defe ndants Dix and Guy and claims of unreasonable search and seizure of property against defendants Dix and Dukes are dismissed without prejudice; and process shall issue upon the remaining claims against Dix, Guy and Dukes. Signed by Judge Kristi K. DuBose on 2/23/2010. (copy to plaintiff) (cmj)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION CHRISTOPHER LENARD PUGH, Plaintiff, v. RICHARD DIX, et al., Defendants. ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 09-00016-KD-N

ORDER After due and proper consideration of all portions of this file deemed relevant to the issues raised, and a de novo determination of those portions of the recommendation to which objection is made, the Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B), dated January 27, 2010, is ADOPTED as the opinion of this Court. Accordingly, for reasons set forth in the report and recommendation, plaintiff's motion to amend (doc. 30) is DENIED, plaintiff's motion to amend (doc. 52) is GRANTED; all of plaintiff's claims except his claims of excessive use of force against defendants Dix and Guy and claims of unreasonable search and seizure of property against defendants Dix and Dukes, are DISMISSED without prejudice; and process shall issue upon the remaining claims against Dix, Guy and Dukes. DONE this February 23, 2010. s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE