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11-245 - Thomas et al v. Buckner et al


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11-245 - Thomas et al v. Buckner et al
September 13, 2011
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t Defendants Foster, Swoopes, and Beck are DISMISSED for failure to state a claim for which relief can be granted; (3) Counts I, II, III, and IV are DISMISSED without prejudice for failure to state a claim upon which relief can be granted; (4) plaintMEMORANDUM OPINION AND ORDER directing that defendants' 21 MOTION to Dismiss is GRANTED, and that: (1) all claims against Defendants Alabama DHR and Shelby County DHR are DISMISSED for lack of subject matter jurisdiction; (2) all claims againsiffs' equal protection "claim" is DISMISSED for lack of subject matter jurisdiction; and (5) plaintiffs' 32 motion to amend is DENIED in part and GRANTED in part, subject to the limitations of this opinion, as further set out in order; failure to file an Amended Complaint by 9/30/2011 will result in dismissal of this action. Signed by Chief Judge William Keith Watkins on 9/13/11. (Attachments: # (1) civil appeals checklist)(djy, )
September 11, 2012
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MEMORANDUM OPINION AND ORDER GRANTING in part and DENYING in part 43 MOTION to Dismiss; (1) the motion to dismiss is GRANTED as to: (a) the federal claims against Defendants in their individual capacities (Count 1); (b) Count 2; and (c) the state law monetary claims against Defendants in their official capacities (Counts 5, 6, and 7); (2) the motion to dismiss is DENIED as to the procedural due process claim against Defendants for prospective relief in their official capacities (Count 1) and the state law claims against Defendants in their individual capacities (Counts 5, 6, and 7); further ORDERING that Counts 3 and 8 are DISMISSED because they are prayers for relief that have been incorrectly enumerated as causes of action and are redundant as they have already been included in the amended complaint's prayer for relief; in sum, Count 1 remains against Defendants in their official capacities for prospective relief and Counts 4, 5, and 6 remain against Defendants in their official capacities for prospective relief and in their individual capacities. Signed by Chief Judge William Keith Watkins on 9/11/12. (Attachments: # (1) civil appeals checklist)(djy, )
January 29, 2016
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MEMORANDUM OPINION AND ORDER: it is ORDERED as follows: 1) Plf Kayla Thomas's and Plf Joan Raney's remaining 42 USC § 1983 claims are DISMISSED as MOOT; 2) Plf Kayla Thomas's and Plf Joan Raney's remaining state-law claims against Dfts Nancy Buckner and Kim Mashego in their individual capacities are DISMISSED without prejudice pursuant to 28 USC § 1367(c); and 3) This case is DISMISSED. Signed by Chief Judge William Keith Watkins on 1/29/2016. (wcl, )
May 11, 2016
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REPORT AND RECOMMENDATION of the Mag Judge that the 95 MOTION for Attorney Fees be denied; Objections to R&R due by 5/25/2016. Signed by Honorable Judge Charles S. Coody on 11-245. (djy, )
July 21, 2016
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ORDER directing that; (1) plfs' 100 Objections are OVERRULED; (2) the 99 REPORT AND RECOMMENDATION of the Magistrate Judge is ADOPTED; (3) plfs' 95 MOTION for Attorneys' Fees is DENIED. Signed by Chief Judge William Keith Watkins on 7/21/16. (djy, )