Jones v. Payssa et al

Filing 24

ORDER ADOPTING 21 REPORT AND RECOMMENDATIONS re 9 MOTION to Dismiss. It is ORDERED that the motion to dismiss the Second Amended Complaint is GRANTED and that the claims against Payssa and Smith are DISMISSED with prejudice. Signed by Chief Judge Kristi K. DuBose on 08/10/2018. (nah)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
NORTHERN DIVISION
VIVIAN M. JONES,
Plaintiff,
v.
LEE PAYSSA, et al.,
Defendants.

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CIVIL ACTION NO. 2:18-00262-KD-N

ORDER
After due and proper consideration of the issues raised, and there having been no
objections filed, the Report and Recommendation (Doc. 21) of the Magistrate Judge 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), and dated July 24, 2018, is ADOPTED as the opinion of this Court.
Accordingly, it is ORDERED that the motion to dismiss the Second Amended
Complaint (“SAC”) under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim
upon which relief can be granted (Doc. 9) filed by Defendants Lee Payssa and Stephen Smith is
GRANTED and that the claims against Payssa and Smith in the SAC are DISMISSED with
prejudice.
DONE and ORDERED this the 10th day of August 2018.

/s/ Kristi K. DuBose
KRISTI K. DuBOSE
CHIEF UNITED STATES DISTRICT JUDGE