Galbreath v. Hale County Alabama Commission et al

Filing 18

ORDER ADOPTING 16 REPORT AND RECOMMENDATION. Dfts' 7 MOTION to Dismiss is GRANTED in part & DENIED in part as set out. The 1 Complaint is PARTIALLY DISMISSED as set out. Counts 1, 2, & 7 are DISMISSED against Dft Crawford in his official capacity only. Count 6 is DISMISSED against Crawford in his individual capacity only. Counts 3 & 8 are DISMISSED against Crawford only, in their entirety. Signed by Judge Callie V. S. Granade on 9/30/2015. (tot)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
NORTHERN DIVISION
TRICIA GALBREATH,
Plaintiff,
vs.
HALE COUNTY, ALABAMA
COMMISSION, et al.,
Defendants.

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CIVIL ACTION NO. 15-0308-CG-M

ORDER
After due and proper consideration of the issues raised, and there having been
no objections filed, the Report and Recommendation (Doc. 16) of the Magistrate Judge
dated September 15, 2015, and made under 28 U.S.C. § 636(b)(1)(B)-(C), Federal Rule
of Civil Procedure 72(b), and S.D. Ala. GenLR 72(a)(2)(S), is ADOPTED as the opinion
of this Court.
Accordingly, it is ORDERED that the Defendants’ Motion to Dismiss (Doc. 29) is
GRANTED in part and DENIED in part, such that the Complaint (Doc. 1) be
PARTIALLY DISMISSED under Federal Rule of Civil Procedure 12(b)(6) as follows:
1. Counts 1, 2, and 7 are DISMISSED against Defendant Arthur Crawford in his
official capacity only;
2. Count 6 is DISMISSED against Crawford in his individual capacity only; and
3. Counts 3 and 8 are DISMISSED against Crawford only, in their entirety.

DONE and ORDERED this 30th day of September, 2015.
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE