Dawson vs. Quaites

Filing 23

ORDER ADOPTING 21 REPORT AND RECOMMENDATION as set out. Plf Dawson's 6 MOTION to Dismiss is GRANTED as set out. Signed by Judge Callie V. S. Granade on 7/6/2011. (tot)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION MICHAEL DAWSON, Plaintiff, vs. KATINA R. QUAITES, Defendant. : : : : : : : : : CIVIL ACTION 11-0110-CG-M ------------------------------KATINA R. QUAITES and BARONSKI JACKSON-LETT, Third-Party Plaintiffs, vs. LARRY LUCAS, LAURA HENSLEY, and RICHARD E. CHENOWETH, Third-Party Defendants. : : : : : : : : : : : ------------------------------KATINA R. QUAITES, Cross-Claim Plaintiff, vs. MICHAEL DAWSON, et al., Cross-Claim Defendant. : : : : : : : : ORDER After due and proper consideration of all pleadings in this file, 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) is adopted as the opinion of this Court1. It is ORDERED that Plaintiff Dawson’s Motion to Dismiss (Doc. 6) is GRANTED. DONE and ORDERED this 6th day of July, 2011. /s/ Callie V. S. Granade UNITED STATES DISTRICT JUDGE The Magistrate Judge’s Recommendation does not address that portion of Dawson’s Motion to Dismiss that seeks to dismiss any claims made against him by Baronski Jackson-Lett. The undersigned agrees that the Cross-Claim/Third-Party Complaint is so confusing and poorly drafted that it is difficult to tell what claims are brought by which claimants against which parties. However, if Baronski Jackson-Lett is attempting to bring claims in his own right against Dawson, they are due to be dismissed. Dawson asked that they be dismissed, in part, because Jackson-Lett is a minor and does not have the legal capacity to sue in his own right. The response to the motion to dismiss did not deny that allegation. Accordingly, if the Cross-Claim/Third-Party Complaint alleges causes of action against Dawson by Jackson-Lett, they are also dismissed. 1

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