Keiss v. Gordy

Full title: CHRISTOPHER M. KEISS, #287 263, Plaintiff, v. WARDEN CHRISTOPHER GORDY, et…

Court: UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION

Date published: Mar 19, 2014

CIVIL ACTION NO.: 2:13-CV-951-WHA [WO] (M.D. Ala. Mar. 19, 2014)

Opinion

CIVIL ACTION NO.: 2:13-CV-951-WHA [WO]

03-19-2014

CHRISTOPHER M. KEISS, #287 263, Plaintiff, v. WARDEN CHRISTOPHER GORDY, et al., Defendants.

TERRY F. MOORER

RECOMMENDATION OF THE MAGISTRATE JUDGE

On March 11, 2014, Plaintiff filed a Motion to Dismiss Defendants Gordy, Carlton, Townsend, Moses, and Hicks from this cause of action. Upon review of the motion, the court concludes that it should be granted.

Accordingly, it is the RECOMMENDATION of the Magistrate Judge that:

1. Plaintiff's March 11, 2014, Motion to Dismiss Defendants Gordy, Carlton, Townsend, Moses, and Hicks (Doc. No. 31), be GRANTED;

2. Defendants Gordy, Carlton, Townsend, Moses, and Hicks be DISMISSED with prejudice as parties to this complaint; and

3. This case with respect to the remaining defendant be referred back to the undersigned for additional proceedings.

It is further

ORDERED that on or before April 3, 2014, the parties may file an objection to the Recommendation. Any objection filed must specifically identify the findings in the Magistrate Judge's Recommendation to which a party objects. Frivolous, conclusive or general objections will not be considered by the District Court. The parties are advised that this Recommendation is not a final order of the court and, therefore, it is not appealable.

Failure to file a written objection to the proposed findings and recommendations in the Magistrate Judge's report shall bar the party from a de novo determination by the District Court of issues covered in the report and shall bar the party from attacking on appeal factual findings in the report accepted or adopted by the District Court except upon grounds of plain error or manifest injustice. Nettles v. Wainwright, 677 F.2d 404 (5^th Cir. 1982). See Stein v. Reynolds Securities, Inc., 667 F.2d 33 (11^th Cir. 1982). See also Bonner v. City of Prichard, 661 F.2d 1206 (11^th Cir. 1981) (en banc), adopting as binding precedent all of the decisions of the former Fifth Circuit handed down prior to the close of business on September 30, 1981.

TERRY F. MOORER

UNITED STATES MAGISTRATE JUDGE