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17-549 - Dowdell v. Lee County, Alabama et al (MAG2)


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17-549 - Dowdell v. Lee County, Alabama et al (MAG2)
March 28, 2018
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ins on 3/28/2018. (Attachments: # (1) Civil Appeals Checklist) (wcl, )MEMORANDUM OPINION AND ORDER: it is ORDERED as follows: 1) Plf's 21 Motion to Remand this matter to the state court is DENIED; 2) Plf's 24 Motion for Leave to Amend the Complaint is GRANTED; 3) Plf shall file his Third Amended Complaint on or before 4/13/2018; 4) Dft Lee County's Motion for Summary Judgment (Doc. # 1-9) is DENIED without prejudice to Dft's ability to renew the motion after Plf has filed the Third Amended Complaint; 5) Plf's Motion to Accept Plf's Second Motion to Compel (Doc. # 1-10) is DENIED without prejudice to Plf's ability to renew the motion after discovery in support of the Third Amended Complaint begins; 6) Dfts Jones, Zayas, and Welch's 13 Motion to Dismiss is DENIED without prejudice to Dfts' ability to renew the motion upon Plf's filing of the Third Amended Complaint; 7) Dft Lee County's 15 Motion to Dismiss is DENIED without prejudice to Dft's ability to renew the motion upon Plf's filing of the Third Amended Complaint; and 8) This action is REFERRED back to the Magistrate Judge pursuant to 28 USC 636 for further proceedings and determination or recommendation as may be appropriate. Signed by Chief Judge William Keith Watk
June 13, 2018
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RECOMMENDATION OF THE MAGISTRATE JUDGE: the undersigned Magistrate Judge hereby RECOMMENDS that Plf's 35 Motion for Voluntary Dismissal of Lee County, Alabama, as a Dft to this Current Action be GRANTED and that all claims presented in the Third Amended Complaint against Dft Lee County be DISMISSED without prejudice and that Dft Lee County be DISMISSED from this action; The undersigned further RECOMMENDS that Dft Lee County's 30 Motion to Dismiss be DENIED as moot; Finally, the undersigned RECOMMENDS that this matter be referred back to the undersigned Magistrate Judge for further proceedings or recommendation as may be appropriate; Objections to R&R due by 6/27/2018. Signed by Honorable Judge Wallace Capel, Jr on 6/13/2018. (wcl, )
July 13, 2018
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ORDER: it is ORDERED that: 1) The Magistrate Judge's 38 Recommendation is ADOPTED; 2) Plf's 35 Motion for Voluntary Dismissal of Lee County, Alabama as a Dft to This Current Action is GRANTED; 3) All claims against Dft Lee County, Alo the Magistrate Judge for further proceedings or recommendation as may be appropriate. Signed by Chief Judge William Keith Watkins on 7/13/2018. (Attachments: # (1) Civil Appeals Checklist) (wcl, )abama, in Plf's 29 Third Amended Complaint are DISMISSED without prejudice pursuant to Rule 41(a)(2) FRCP; 4) Dft Lee County Alabama's 30 Motion to Dismiss Third Amended Complaint is DENIED as moot; and 5) This matter is REFERRED back t