Carroll v. White et al (JOINT ASSIGN)(MAG+), No. 1:2016cv00229 - Document 26 (M.D. Ala. 2016)

Court Description: OPINION. Signed by Honorable Judge Myron H. Thompson on 12/14/2016. (kh, )

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Carroll v. White et al (JOINT ASSIGN)(MAG+) Doc. 26 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION JON B. CARROLL, ) ) ) ) ) ) ) ) ) Plaintiff, v. JOHN WHITE, et al., Defendants. CIVIL ACTION NO. 1:16cv229-MHT (WO) OPINION Pursuant to 42 U.S.C. § 1983 and Washington State law, plaintiff, a journalist, filed this lawsuit claiming that his rights to free speech, due process, and equal This protection lawsuit is are now threatened before the by defendants. court on the recommendation of the United States Magistrate Judge that plaintiff’s case be dismissed without prejudice and that the motion to intervene filed by non-party Wykle Williams, Jr. be denied as moot. judge characterizes injunction plaintiff’s preventing defendants suit from The magistrate as seeking suing him “an for defamation per se,” Report and Recommendation (doc. no. Dockets.Justia.com 25) at possible 6, as well defenses meritorious defamation if per as or he is se.” “a declaratory affirmative sued Id. at by 9. judgment defenses the that would defendants Plaintiff does be for not object to the recommendation or its characterization of his claims. After an independent and de novo review of the record, and based on the court’s understanding that plaintiff does not object to the characterization of his claim, the court concludes that the magistrate judge’s recommendation should be adopted. An appropriate judgment will be entered. DONE, this the 14th day of December, 2016. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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