Charleston v. Hale County Commission
Filing
20
ORDER ADOPTING 19 AMENDED REPORT AND RECOMMENDATION. Dft's 10 MOTION to Dismiss is GRANTED in part & DENIED in part as set out. Signed by Judge Callie V. S. Granade on 5/9/2011. Modified on 5/10/2011 (tot).
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
NORTHERN DIVISION
CLEAVESTER CHARLESTON,
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Plaintiff,
vs.
HALE COUNTY COMMISSION,
Defendant.
CIVIL ACTION NO. 10-00704-CG-B
ORDER
After due and proper consideration of all portions of this file deemed relevant
to the issue raised, and there having been no objections filed, the Amended Report
and 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 the Defendant’s Motion to Dismiss (Doc. 10) is
GRANTED in part, and DENIED in part as follows:
1) Defendant’s motion to dismiss plaintiff’s complaint due to laches is
DENIED;
2) Defendant’s motion to dismiss plaintiff’s retaliation claim is DENIED as
MOOT; and
3) Defendant’s motion to dismiss plaintiff’s claim for punitive damages is
GRANTED with prejudice.
DONE and ORDERED this 9th day of May, 2011.
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE
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