Jones v. Lyons et al

Filing 68

ORDER ADOPTING 66 REPORT AND RECOMMENDATIONS re MOTION for Summary Judgment filed by Lt. Greys, Sgt. Austin, Rickey Lyons, Officer DuBose, Officer Harris, Officer Fifer, Officer Absene. The summary judgment is granted as to defendants Rickey Lyons and Jennifer Austin and and denied as to defendants DuBose, Austin, Gray, Abston, Phifer and Harris. Defendants Lyons and Austin are dismissed with prejudice from this action. Signed by Chief Judge Kristi K. DuBose on 8/29/17. (copy to plaintiff) (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION LARRY JONES, AIS #165087 Plaintiff, v. RICKEY LYONS, et al., Defendants. ) ) ) ) ) ) ) CIVIL ACTION 15-00431-KD-N 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 Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) and dated August 9, 2017 is ADOPTED as the opinion of this Court such that: 1) summary judgment is GRANTED in favor of defendants Rickey Lyons and Jennifer Austin such that Plaintiff’s claims against them (and these defendants) are DISMISSED with prejudice; and 2) summary judgment is DENIED, at this time, as to defendants Dubose, Gray, Abston, Phifer, and Harris. DONE and ORDERED this the 29th day of August 2017. /s/ Kristi K. DuBose KRISTI K. DuBOSE CHIEF UNITED STATES DISTRICT JUDGE 1

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