Johnson v. Ashworth et al

Filing 156

ORDER ADOPTING 149 REPORT AND RECOMMENDATION, and denying defendants' motions to dismiss (Docs. 119 & 131 ) in their entirety. Signed by Judge Callie V. S. Granade on 10/3/2012. (mab)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
DAVID L. JOHNSON, AIS 134016,
Plaintiff,

:
:

vs.

:

PENTON ASHWORTH, et al.,

:

Defendants.

CA 11-0228-CG-C

:
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)(l)(B) and dated September 14, 2012 (Doc.
149), is ADOPTED as the opinion of this Court. The motion to dismiss filed by
Penton Ashworth, James Pate and Roger Marsh (Doc. 119), and the motion to
dismiss filed by defendant Kevin Dunn (Doc. 131) are hereby DENIED in their
entirety.
DONE and ORDERED this 3rd day of October, 2012.
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE