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16-2120 - Cunningham v. Felix et al


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16-2120 - Cunningham v. Felix et al
March 9, 2017
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE on Motion re: 6 Motion to Dismiss. For the reasons stated herein, it is recommended that Defendants' 6 Motion to Dismiss be GRANTED IN PART. All of Plaintiff's claims, except his Fourth Amendment claim against Troopers Adam Albritton and Carlos Felix for illegal detention, stemming from the June 2016 traffic stop, should be DISMISSED WITHOUT PREJUDICE. Plaintiff should be granted 21 days from the date of the Court order accepting this recommendation to file an Amended Complaint curing the pleading deficiencies described, and addressing Defendants assertions of qualified immunity. Should he fail to do so, on the re-urging of Defendants, Plaintiffs claims, except his Fourth Amendment claim against Troopers Adam Albritton and Carlos Felix for illegal detention, stemming from the June 2016 traffic stop, should be DISMISSED WITH PREJUDICE. (Ordered by Magistrate Judge Renee Harris Toliver on 3/9/2017) (epm)
March 30, 2017
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ORDER ACCEPTING 15 FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Defendants' 6 motion to dismiss is GRANTED in part. (Ordered by Senior Judge A. Joe Fish on 3/30/2017) (twd)
February 14, 2018
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Defendants' Motion 27 for Summary Judgment should be GRANTED and Plaintiff's claims be DISMISSED WITH PREJUDICE. This case should then be closed. (Ordered by Magistrate Judge Renee Harris Toliver on 2/14/2018) (mcrd)
March 7, 2018
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ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE granting 27 Motion for Summary Judgment. (Ordered by Senior Judge A. Joe Fish on 3/7/2018) (ykp)