Hails v. Dennis et al

Filing 62

ORDER ADOPTING 57 and 58 R&R re 27 , 29 and 32 MOTION's to Dismiss. The 27 and 29 Motion's to Dismiss are granted as further set out in order. The 32 Motion to Dismiss filed by Defendant Chief Wasdin is granted such th at Plaintiff's claims against her are dismissed, and is denied as to Defendant Officer Dennis. Plaintiff may amend his complaint only as to his claims against Defendant Officer Dennis on or before 4/13/2018. Signed by Chief Judge Kristi K. DuBose on 03/26/2018. (Copy mailed to plaintiff) (nah)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
DANIEL WADE HAILS,
Plaintiff,
v.

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TIMOTHY TRENT DENNIS, et al.,
Defendants.

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CIVIL ACTION 17-00259-KD-N

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 Reports and Recommendations (Docs.
57, 58) to which objections (Docs. 60, 61) are made, the Reports and Recommendations of the
Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) and dated February 14, 2018 and February
20, 2018 are both ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that:
1) the Motion to Dismiss filed by Defendants Gaull, McKinney, Jones, Morrison, Correa,
Payne, Walker, Lindell, Reid, and Lamplugh is GRANTED such that Plaintiff's claims
against these Defendants are DISMISSED;
2) the Motion to Dismiss filed by Defendant Chief Wasdin is GRANTED such that Plaintiff's
claims against her are DISMISSED;
3) the Motion to Dismiss filed by Defendant Officer Dennis is DENIED and Plaintiff is
permitted an opportunity to amend his complaint ONLY as to his claims against Defendant
Officer Dennis. Specifically, on or before April 13, 2018, Plaintiff shall file an amended
complaint against Defendant Officer Dennis setting out his claims specifically as to how the
events occurred;
4) the Motion to Dismiss filed by Defendant Sheriff Huey Mack is GRANTED such that
Plaintiff's claims against this Defendant are DISMISSED.
DONE and ORDERED this the 26th day of March 2018.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
CHIEF UNITED STATES DISTRICT JUDGE