Strawser v. State of Alabama

Filing 22

ORDER ADOPTING 14 REPORT AND RECOMMENDATION. Plf's 12 MOTION to Amend 1 Complaint is GRANTED as set out. 8 MOTION to Dismiss is MOOT as set out. Luther Strange, in his official capacity as Attorney General of the State of Alabama, is substituted in place of the State of Alabama as the party dft. Dft Luther Strange is to file his answer NLT 12/18/2014. Signed by Judge Callie V. S. Granade on 12/11/2014. (copy mailed to Plfs on 12/11/14) (tot)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
JAMES N. STRAWSER and
JOHN E. HUMPHREY,
Plaintiffs,
vs.
STATE OF ALABAMA,
Defendant.

)
)
)
)
)
)
)
)
)
)

CIVIL ACTION NO. 14-0424-CG-C

ORDER
After due and proper consideration of 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 November 20, 2014, is ADOPTED as the opinion of
this Court. Plaintiffs’ motion to amend complaint (Doc. 12) is GRANTED and the
granting of this motion MOOTS the previously-filed motion to dismiss (Doc. 8).
Accordingly, Luther Strange, in his official capacity as Attorney General of
the State of Alabama is substituted in place of the State of Alabama as the party
defendant.

Therefore, the style of this action from this point forward on all

pleadings filed in the future shall read: James N. Strawser and John E. Humphrey
v. Luther Strange, in his official capacity as Attorney General of the State of
Alabama.

Defendant Luther Strange is ORDERED to file his answer to the complaint

no later than December 18, 2014.
DONE and ORDERED this 11th day of December, 2014.
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE

2