Clary v. City of Moundville, Alabama et al

Filing 45

ORDER, ADOPTING 42 Report and Recommendation as the opinion of this Court; GRANTING Defendants' Motions to Dismiss Counts Five and Seven of Plaintiff's Second Amended Complaint (Docs. 13 & 26 ), and DISMISSING Plaintiff claims against City of Moundville and Chief Ken Robertson. This action remains pending against J. L. Donaldson and Danielle Pence. Signed by Senior Judge Callie V. S. Granade on 10/18/2016. (mab)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
NORTHERN DIVISION
BILLY CLARY,
Plaintiff,
vs.
CITY OF MOUNDVILLE,
ALABAMA, et al.,
Defendants.

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CIVIL ACTION 16-0091-CG-N

ORDER
After due and proper consideration of the relevant pleadings and the
issues raised, and there having been no objections filed, the 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 Defendants’ Motions to Dismiss Counts Five and
Seven of Plaintiff’s Second Amended Complaint is GRANTED pursuant to
Rule 12(b)(6) for failure to state a claim against Defendants, City of
Moundville and Chief Ken Robertson. Accordingly, the Plaintiff’s claims
against Defendants, City of Moundville and Chief Ken Robertson, are
DISMISSED. This action remains pending against J.L. Donaldson and
Danielle Pence.
DONE and ORDERED this 18th day of October, 2016.
/s/ Callie V. S. Granade
SENIOR UNITED STATES DISTRICT JUDGE