Price v. Thomas et al

Filing 41

ORDER ADOPTING 39 REPORT AND RECOMMENDATIONS denying 35 MOTION to Dismiss. Signed by Judge Kristi K. DuBose on 11/10/2015. (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION CHRISTOPHER LEE PRICE, Plaintiff, vs. JEFFERSON S. DUNN, COMMISSIONER, ALABAMA DEPARTMENT OF CORRECTIONS, in his official capacity, et al., Defendants. ) ) ) ) ) ) ) ) Civil Action No. 14-0472-KD-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 Report and Recommendation to which objection is made, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1) and dated October 20, 2015 (Doc. 39), is ADOPTED as the opinion of this Court and it is ORDERED that the Defendants’ motion to dismiss the amended complaint (Doc. 35) is DENIED. DONE and ORDERED this 10th day of November 2015. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE

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