Johnson v. Ashworth et al

Filing 168

ORDER ADOPTING 154 REPORT AND RECOMMENDATION. 152 MOTION to Dismiss filed by Dft James English is STRICKEN FROM THE RECORD as set out. Signed by Judge Callie V. S. Granade on 10/23/2012. (tot)

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 there having been no objections filed, the recommendation
of the Magistrate Judge made under 28 U.S.C. § 636(b)(l)(B) and dated October 1,
2012 (Doc. 154) is ADOPTED as the opinion of this Court. The motion to dismiss
filed by defendant James English on September 28, 2012 (Doc. 152) is hereby
STRICKEN FROM THE RECORD.1
DONE and ORDERED this 23rd day of October, 2012.
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE

1

The court notes that an amended complaint was filed by the Plaintiff on October 1, 2012
(Doc. 155), and that Defendant James English filed a motion to dismiss the amended complaint
on October 10, 2012 (Doc. 159) and further filed his answer to the amended complaint along
with Defendants Penton Ashworth, Roger Marsh and James Pate on October 19, 2012 (Doc.
164).