2:24-cv-00321•Green v. McDonald et al
Full text
1 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA NORTHERN DIVISION JOY KELLY GREEN, On behalf of J.M.G., ) ) Plaintiff, ) ) v. ) Civil Action No. 2:24-00321-KD-N ) MARVIN MCDONALD, et al., ) ) Defendants. ) ORDER After due and proper consideration of the issues raised, the report and recommendation of the United States Magistrate Judge made under 28 U.S.C. § 636(a)–(b), Fed. R. Civ. P. 72, and S.D. Ala. GenLR 72(a) and dated March 6, 2025, (Doc. 37), is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that the Motion to Dismiss, (Doc. 28), filed by Defendant Sumter County, Alabama (“Sumter County”) and Defendant Sumter County Sheriff Brian Harris (“Harris”) (collectively, “Defendants”) is: • GRANTED under Rule 12(b)(1) as to Count Three against Harris and Count Three against Harris is DISMISSED without prejudice; • GRANTED under Rule 12(b)(6) as to Count Three against Sumter County and Count Three against Sumter County is DIMISSED without prejudice; • GRANTED under Rule 12(b) as to all fictitious defendants—except Deputy Doe I—and the claims against all fictitious defendants—except Deputy Doe I—are DISMISSED without prejudice. Otherwise, the motion to dismiss all claims against fictitious defendant Deputy Doe I is DENIED, in accordance with the prior adopted report and recommendation, (Doc. 39). DONE and ORDERED this the 25th day of March 2025. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE Case 2:24-cv-00321-KD-N Doc# 40 Filed 03/25/25 Page 1 of 1 PageID# <pageID>
Wondering how this text applies to your situation?
Free consultation, no commitment
Describe your situation. Our team will contact you by email about your consultation.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.