Lundy v. Bryson et al

Filing 39

ORDER ADOPTING 38 Report and Recommendations of the Magistrate Judge as the opinion of the Court and grants in part and denies in part Defendants' 22 Motion to Dismiss. The Court hereby LIFTS the stay imposed in this case. Defendants' Answer is due within fourteen (14) days from the date of this Order. Signed by Judge Lisa G. Wood on 8/20/2018. (ca)

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QUINTAVIOUS LUNDY,
Plaintiff,

CIVIL ACTION NO.: 5:16-cv-71

V.

JAMES K. COX,JR.; KIMBERLY LOWE;
WILLIAM STEEDLY; and GREGORY
DOZIER,
Defendants.

ORDER

After an independent and de novo review of the entire

record/ the undersigned concurs with the Magistrate Judge's July
16, 2018 Report and Recommendation, dkt. no. 38, to which the

parties did not file Objections.

Accordingly, the Court ADOPTS

the Magistrate Judge's Report and Recommendation as the opinion
of the Court and GRANTS in part and DENIES in part Defendants'
Motion to Dismiss, dkt. no. 22.

The Court DISMISSES Plaintiff's substantive due process

claims against all Defendants for failure to state a claim, and,
in the alternative, the Court GRANTS Defendants cjualified
immunity as to those claims.

However, the Court DENIES

Defendants Motion to Dismiss and qualified immunity as to

A0 72A

(Rev. 8/82)

Plaintiff's procedural due process claims; these claims shall
remain pending before the Court against all Defendants.
Court hereby LIFTS the stay imposed in this case.

The

Defendants'

Answer is due within fourteen (14) days from the date of this
Order.

Fed. R. Civ. P. 12(a)(4)(A).

Upon Defendants' Answer,

the Clerk of Court will enter a Scheduling Notice.

SO ORDERED, this

2^

day of

^

JUUU, "3UDGE
(TES DISTRICT COURT
DISTRICT OF GEORGIA

2018.