Cloy v. Bouckuey et al

Filing 53

ORDER ADOPTING 52 REPORT AND RECOMMENDATIONS re MOTION for Summary Judgment filed by Huey Hoss Mack. Macks motion for summary judgment (Docs. 40, 41, 46) is GRANTED and all claims against him are DISMISSED with prejudice; Cloy's claims a gainst Seymore and Boutwell are DISMISSED with prejudice, prior to service of process, pursuant to 28 U.S.C. § 1915(e)(2)(iii), as they are immune from damages in this action. Signed by Judge Kristi K. DuBose on 1/15/2015. (copy to plaintiff) (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
RICKIE LEE CLOY,
Plaintiff,
v.
TRACY BOUTWELL, HUEY “HOSS”
MACK, and MATTHEW SEYMORE,
Defendants.

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CIVIL ACTION NO. 12-00718-KD-N

ORDER
After due and proper consideration of the issues raised, and there having been no
objections filed, the Report and Recommendation (Doc. 52) of the Magistrate Judge made under
28 U.S.C. § 636(b)(1)(B) and dated December 22, 2014, is ADOPTED as the opinion of this
Court.
Accordingly, it is ORDERED that Defendant Huey “Hoss” Mack’s motion for summary
judgment (Docs. 40, 41, 46) is GRANTED and that all claims against him are DISMISSED
with prejudice. It is further ORDERED that all claims against Defendants Matthew Seymore
and Tracy Boutwell are DISMISSED with prejudice, prior to service of process, pursuant to 28
U.S.C. § 1915(e)(2)(iii), as they are immune from damages in this action.
DONE and ORDERED this the 15th day of January 2015.

/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE