Pritchett v. Bates et al
ORDER GRANTING Plf's 11 MOTION for Leave of Court to Amend Complaint & Objection to 9 Report & Recommendation as set out. 9 Report & Recommendation is ADOPTED, & this action is DISMISSED in its entirety, prior to service of process, as set out. Signed by Judge Callie V. S. Granade on 7/22/2013. (copy mailed to Plf on 7/23/13) (tot)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
KENNETH PRITCHETT, #277934,
ROBERT BATES, et al.,
CIVIL ACTION NO. 12-0084-CG-B
This matter is before the court on the Report and Recommendation of the
Magistrate Judge (Doc. 9) and plaintiff’s Motion for Leave of Court to Amend
Complaint and Objection to Report and Recommendation (Doc. 11). Having
considered the motion to amend complaint, it is hereby GRANTED. However, even
considering the additional allegations contained in the newly amended complaint,
they do nothing to address the findings of the Magistrate Judge concerning judicial
immunity as to defendant Judge Hardaway, and concerning the lack of a causal
connection between any actions of defendant Sheriff Bates and the claims alleged in
the amended complaint.
Accordingly, after due and proper consideration of all portions of this file
deemed relevant to he issues raised, and a de novo determination of those portions
of the Report and Recommendation to which objection is made, the 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. Accordingly, it is ORDERED that this
action be and hereby is DISMISSED in its entirety, prior to service of process,
pursuant to 28. U.S.C. § 1915(e)(2)(B)(i) and (ii).
DONE and ORDERED this 22nd day of July, 2013.
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE
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