Hight v. Cox et al

Filing 35

ORDER: For the reasons set forth in the accompanying Memorandum, the court finds as follows: The Motion for Judicial Notice (Docket No. 21) is GRANTED. The defendants' Motions to Dismiss (Docket Nos. 11 and 13) and Motion for Judgment on t he Pleadings (Docket No. 18) are GRANTED. The plaintiff's malicious prosecution claims against Officer Cox are hereby DISMISSED WITHOUT PREJUDICE. All other claims are hereby DISMISSED WITH PREJUDICE. It is further ORDERED that the plaintiff has leave to file an Amended Complaint within 20 days of this Order that asserts amended malicious prosecution claims against Officer Cox. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 11/20/13. (tmw)

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UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION DARYL A. HIGHT, ) ) ) ) ) ) ) ) ) ) ) Plaintiff, v. DUSTIN COX, Individually, ALLYSON S. ABBOTT, ADAG, Individually, DAVID BRAGG, CIRCUIT JUDGE, Individually, Defendants. Case No. 3:13-CV-00367 Judge Aleta A. Trauger MEMORANDUM For the reasons set forth in the accompanying Memorandum, the court finds as follows: • The Motion for Judicial Notice (Docket No. 21) is GRANTED. C The defendants’ Motions to Dismiss (Docket Nos. 11 and 13) and Motion for Judgment on the Pleadings (Docket No. 18) are GRANTED. C The plaintiff’s malicious prosecution claims against Officer Cox are hereby DISMISSED WITHOUT PREJUDICE. All other claims are hereby DISMISSED WITH PREJUDICE. C It is further ORDERED that the plaintiff has leave to file an Amended Complaint within 20 days of this Order that asserts amended malicious prosecution claims against Officer Cox. It is so ORDERED. Enter this 20th day of November 2013. _____________________________ ALETA A. TRAUGER United States District Judge 1

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