Cole v. McLaurin et al, No. 4:2017cv01635 - Document 35 (N.D. Ala. 2019)
Court Description: MEMORANDUM OPINION AND ORDER 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 ADOPTED and the recommendation is ACCEPTED. Accordingly, the defendant's motion to dismiss 29 is DENIED, and the plaintiff's motion for summary judgment 30 is DENIED WITHOUT PREJUDICE to his right to reassert any substantive arguments following submission of the defendant's special repo rt. The defendant is ORDERED to fully comply with the September 12, 2018 Order for Special Report 16 within thirty (30) days from the entry date of this order. This matter is REFERRED to the magistrate judge for further proceedings. Signed by Judge L Scott Coogler on 8/12/2019. (PSM)
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Cole v. McLaurin et al Doc. 35 FILED 2019 Aug-12 PM 04:01 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA MIDDLE DIVISION IDARIUS COLE, Plaintiff, v. CHRISTOPHER McLAURIN, Defendant. ) ) ) ) ) ) ) ) ) Case No. 4:17-cv-01635-LSC-SGC MEMORANDUM OPINION AND ORDER On July 16, 2019, the magistrate judge filed a report (Doc. 33) recommending: (1) the defendant’s motion to dismiss (Doc. 29) be denied; (2) the plaintiff’s pleading (Doc. 30), styled as a motion for summary judgment, be denied without prejudice; and (3) the defendant be required to submit a special report addressing the plaintiff’s excessive force claim. Although the report advised the parties 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 ADOPTED and the recommendation is ACCEPTED. Accordingly, the defendant’s motion to dismiss (Doc. 29) is DENIED, and the plaintiff’s motion for summary judgment (Doc. 30) is DENIED WITHOUT PREJUDICE to his right Dockets.Justia.com to reassert any substantive arguments following submission of the defendant’s special report. The defendant is ORDERED to fully comply with the September 12, 2018 Order for Special Report (Doc. 16) within thirty (30) days from the entry date of this order. This matter is REFERRED to the magistrate judge for further proceedings. DONE and ORDERED on August 12, 2019. _____________________________ L. Scott Coogler United States District Judge 160704 2
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