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).

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA NORTHERN DIVISION CLEAVESTER CHARLESTON, ) ) ) ) ) ) ) ) ) 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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?