Metz v. Milne et al, No. 1:2022cv00062 - Document 23 (S.D. Ala. 2022)
Court Description: MEMORANDUM OPINION AND ORDER, ADOPTING 20 Report and Recommendation; DENYING 12 motion to dismiss; and directing Defendants to file their answer pursuant to Rule 12(a)(4)(A). Signed by District Judge Terry F. Moorer on 8/16/2022. (copy to Pltf) (mab)
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Metz v. Milne et al Doc. 23 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION GEORGE D. METZ, II Plaintiff, vs. OFFICER MILNE, et al., Defendants. ) ) ) ) ) ) ) ) ) CIV. ACT. NO. 1:22-cv-62-TFM-MU MEMORANDUM OPINION AND ORDER On July 19, 2022, the Magistrate Judge entered a Report and Recommendation which recommends the Defendants’ Rule 12(b)(5) motion to dismiss for insufficient service of process be denied. See Doc. 20. No objections were filed. Therefore, 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 Report and Recommendation of the Magistrate Judge is ADOPTED as the opinion of this Court. Defendants’ motion to dismiss for insufficient service of process (Doc. 12) is DENIED. Defendants shall file their answers pursuant to Fed. R. Civ. P. 12(a)(4)(A). DONE and ORDERED this 16th day of August, 2022. /s/Terry F. Moorer TERRY F. MOORER UNITED STATES DISTRICT JUDGE Page 1 of 1 Dockets.Justia.com
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