Skip to content.
About GPO   |   Newsroom/Media   |   Congressional Relations   |   Inspector General   |   Careers   |   Contact   |   askGPO   |   Help  
 

  FDsys > More Information
(Search string is required)
 

14-178 - Pugh v. Smith et al (MAG+)(JOINT ASSIGN)


Download Files

Metadata

Document in Context
14-178 - Pugh v. Smith et al (MAG+)(JOINT ASSIGN)
March 12, 2015
PDF | More
REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE: it is the RECOMMENDATION of the Magistrate Judge as follows: (1) To the extent Dfts move to dismiss the Title VII claim against the Phenix City Police Department, pursuant to FRCP 12(b)(6), the Dft's 8 Motion to Dismiss be and is hereby GRANTED; (2) That pro se Plf George Pugh be and is hereby GRANTED leave to file an amended complaint, on or before 4/11/2015, that names the proper dft(s) and contains a short and plain statement setting forth specific factual allegations from which it could be reasonable inferred that his employer discriminated against him on the basis of his race; (3) To the extent Dfts move to dismiss the Title VII claim against Phenix City Police Chief Ray Smith and Phenix City Assistant Police Chief Robert Casteel in their individual capacities, pursuant to FRCP 12(b)(6), the Dft's 8 Motion to Dismiss be and is hereby GRANTED; and (4) To the extent Dfts move to dismiss the Title VII claim against the Phenix City Police Chief Ray Smith and Phenix City Assistant Police Chief Robert Casteel in their official capacities, pursuant to FRCP 12(b)(6), the Dft's 8 Motion to Dismiss be and is hereby DENIED; Objections to R&R due by 3/26/2015. Signed by Honorable Judge Terry F. Moorer on 3/12/2015. (wcl, )
March 31, 2015
PDF | More
JUDGMENT: it is ORDERED as follows: (1) The magistrate judge's 21 recommendation, to which no objection has been filed, is adopted; (2) The 8 motion to dismiss is granted to the extent that the Title VII claim against dfts Ray Smith and Robert Casteel in their individual capacities is dismissed; (3) The 8 motion to dismiss is denied to the extent that the Title VII claim against dfts Smith and Casteel in their official capacities is not dismissed; (4) The 8 motion to dismiss is granted to the extent that dft Phenix City Police Department is dismissed and terminated as a party; (5) The plf is allowed 14 days from the date of this order to file an amended complaint that names the proper dft or dfts, in place of dft Phenix City Police Department, and that contains a short and plain statement setting forth specific factual allegations from which it could be reasonably inferred that his employer discriminated against him on the basis of his race; DIRECTING the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; This case is referred back to the magistrate judge and is not closed. Signed by Honorable Judge Myron H. Thompson on 3/31/2015. (Attachments: # (1) Civil Appeals Checklist) (wcl, )
January 26, 2016
PDF | More
REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE: it is the RECOMMENDATION of the Magistrate Judge that this case and Plf's remaining claims be dismissed without prejudice for the failure of the plf to prosecute this action and his failure to comply with the orders of this court. Consequently, the Court also can deny the Dfts Ray Smith and Robert Casteel's 26 Renewed Motion to Dismiss and the 28 Motion for Summary Judgment without prejudice; Objections to R&R due by 2/9/2016. Signed by Honorable Judge Terry F. Moorer on 1/26/2016. (wcl, )
February 22, 2016
PDF | More
OPINION. Signed by Honorable Judge Myron H. Thompson on 2/22/2016. (wcl, )
February 22, 2016
PDF | More
JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The US Magistrate Judge's 31 recommendation is adopted; (2) This lawsuit is dismissed without prejudice, with no costs taxed; further ORDERED that all pending motions are denied as moot; DIRECTING the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; This case is closed. Signed by Honorable Judge Myron H. Thompson on 2/22/2016. (Attachments: # (1) Civil Appeals Checklist) (wcl, )