Jones v. Brown et al, No. 2:2016cv01505 - Document 32 (N.D. Ala. 2017)

Court Description: MEMORANDUM OPINION and ORDER re 31 Report and Recommendation; the magistrate judge's report is hereby ADOPTED and the recommendation is ACCEPTED; The court ORDERS that defendants Hart and Cook's motion for summary judgment 11 , is DEN IED and these claims are REFERRED to the magistrate judge for further proceedings; The court further ORDERS that the plaintiffs claims against defendant Jeremy Brown are DISMISSED WITHOUT PREJUDICE due to the plaintiff's failure to obtain service on this defendant. Signed by Judge Abdul K Kallon on 07/06/2017. (KBB)
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Jones v. Brown et al Doc. 32 FILED 2017 Jul-06 AM 08:34 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION ANTHONY R. JONES, Plaintiff, v. JEREMY BROWN, C.O.I., et al., Defendants. ) ) ) ) ) ) ) ) ) Civil Action Number: 2:16-cv-01505-AKK-JHE MEMORANDUM OPINION AND ORDER The magistrate judge filed a report on June 16, 2017, recommending that the defendants’ motion for summary judgment, doc. 11, be denied as to defendants Officer Troy Hart and Officer Landon Cook. Doc. 31. The magistrate judge further recommended that the plaintiff’s claims be dismissed without prejudice as to Jeremy Brown, due to the plaintiff’s failure to obtain service on this defendant. Doc. 31 at 1 n.1. Although the parties were advised of their right to file specific written objections within fourteen days, no objections have been received by the court. Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the magistrate judge’s report is hereby ADOPTED and the recommendation is ACCEPTED. Accordingly, the court ORDERS that defendants Hart and Cook’s motion for summary judgment, Dockets.Justia.com doc. 11, is DENIED and these claims are REFERRED to the magistrate judge for further proceedings. The court further ORDERS that the plaintiff’s claims against defendant Jeremy Brown are DISMISSED WITHOUT PREJUDICE due to the plaintiff’s failure to obtain service on this defendant. DONE the 6th day of July, 2017. _________________________________ ABDUL K. KALLON UNITED STATES DISTRICT JUDGE 2