Singer v. Price et al

Filing 42

ORDER granting 24 Motion to Dismiss; adopting Report and Recommendations re 35 Report and Recommendation. Accordingly, Flaggs' Motion to Dismiss (Doc. No. 24) is GRANTED. Flaggs is TERMINATED as a defendant in this action. This case is RETURNED to the Magistrate Judge for further proceedings. Signed by Chief Judge Waverly D. Crenshaw, Jr on 11/21/17. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
LEONARD SINGER,

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Plaintiff,
v.
AARON PRICE, et al.,
Defendants.

No. 3:16-cv-02621
CHIEF JUDGE CRENSHAW

ORDER
Before the Court is a Report and Recommendation from the Magistrate Judge (Doc. No.
35), recommending that the Court grant Aneta Flaggs’ Unopposed Motion to Dismiss (Doc. No.
24). Although he did not respond to the Motion to Dismiss, Plaintiff filed timely objections to the
Report and Recommendation. (Doc. No. 36.) Upon initial screening, the Court dismissed all claims
against Flaggs in her individual capacity, only leaving in his claims against Flaggs in her official
capacity with the Murfreesboro Police Department. (Doc. Nos. 5-6.) Upon review of the
Complaint, however, Plaintiff only sued Flaggs in her individual capacity. (Doc. No. 1 at 14); see
Matthews v. Jones, 35 F.3d 1046, 1049 n.1 (6th Cir. 1994) (holding that if a plaintiff specifically
names the capacity in which he or she sues an officer, that capacity governs). While the Court
disagrees with the Report and Recommendation that the Complaint does not sufficiently allege a
policy or custom of the City of Murfreesboro that violated Plaintiff’s constitutional rights, because
Flaggs is only sued in her individual capacity and the Court already dismissed those claims, the
Report and Recommendation is ADOPTED.

Accordingly, Flaggs’ Motion to Dismiss (Doc. No. 24) is GRANTED. Flaggs is
TERMINATED as a defendant in this action. This case is RETURNED to the Magistrate Judge
for further proceedings.
IT IS SO ORDERED.

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WAVERLY D. CRENSHAW, JR.
CHIEF UNITED STATES DISTRICT JUDGE

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