White v. Stewart et al, No. 1:2023cv00435 - Document 34 (S.D. Ala. 2024)
Court Description: MEMORANDUM OPINION & ORDER, 32 REPORT AND RECOMMENDATION is ADOPTED. 28 MOTION for Partial Dismissal is GRANTED. Any claim in Count II of Plaintiff's Amended Complaint for respondeat superior liability based on more than negligence is DISMISSED without prejudice. Signed by District Judge Terry F. Moorer on 4/10/24. (tot)
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White v. Stewart et al Doc. 34 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION CAESAR WHITE, JR., Plaintiff, vs. WILFRED BRIAN STEWART, et al., Defendants. ) ) ) ) ) ) ) ) ) CIV. ACT. 1:23-cv-435-TFM-MU MEMORANDUM OPINION AND ORDER On March 19, 2024, the Magistrate Judge entered a Report and Recommendation which recommends the Motion for Partial Dismissal (Doc. 28) filed by Defendant Boost Carriers be granted and that any claim in Count II of Plaintiff’s Amended Complaint for respondeat superior liability based on more than negligence be dismissed without prejudice. See Doc. 32. No objections were filed and the deadline has passed. After due and proper consideration of all portions of this file deemed relevant to the issues raised, and there having been no objections filed, the Recommendation of the Magistrate Judge is ADOPTED as the opinion of this Court. It is ORDERED that the motion for partial dismissal filed by Defendant Boost Carriers is GRANTED. Any claim in Count II of Plaintiff’s Amended Complaint for respondeat superior liability based on more than negligence is DISMISSED without prejudice. DONE and ORDERED this 10th day of April, 2024. /s/Terry F. Moorer TERRY F. MOORER UNITED STATES DISTRICT JUDGE Page 1 of 1 Dockets.Justia.com
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