Cottrell et al v. Chickasaw City Schools Board of Education et al

Filing 28

ORDER ADOPTING REPORT AND RECOMMENDATION: The Board's 7 MOTION to Dismiss & Odom's 8 MOTION to Dismiss is hereby GRANTED for failure to state claims as set out against Defendant, Kathy Odom, individually. It is Ordered that Count Three of this action is hereby DISMISSED against all Defendants and that this action is further dismissed against Defendant, Kathy Odom. Signed by Senior Judge Callie V. S. Granade on 2/10/2017. (srd)

Case 1:16-cv-00503-CG-N Document 28 Filed 02/10/17 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
RONALD COTRELL, et al.,
Plaintiff,
vs.
CHICKASAW CITY SCHOOLS
BOARD OF EDUCATION, et al.,
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Defendant.

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CIVIL ACTION 16-503-CG-N

ORDER
After due and proper consideration of the relevant pleadings and the

issues raised, and there having been no objections filed, the Recommendation
of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is adopted as
the opinion of this Court.
It is ORDERED that Defendants’ Motions to Dismiss (Docs. 7 and 8)
is GRANTED pursuant to Rule 12(b)(6) for failure to state a claim pursuant
to 42 U.S.C § 1985(2) (Count Three) and for failure to state a claim against
Defendant, Kathy Odom, individually. The claims against Odom, in her
official capacity are additionally dismissed as redundant of those claims
against the Board. Accordingly, it is ORDERED, ADJUDGED and
DECREED that Count Three of this action is hereby DISMISSED against
all Defendants and that this action is further dismissed against Defendant,
Kathy Odom.
DONE and ORDERED this 10th day of February, 2017.
/s/ Callie V. S. Granade
SENIOR UNITED STATES DISTRICT COURT