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)

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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. ยง 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

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