Opinion
CIVIL ACTION NO. 2:16-CV-172-KS-MTP
04-24-2017
KENDALL MAGEE PLAINTIFF v. SHIRLEY HARRIS, ET AL DEFENDANTS
ORDER ACCEPTING MAGISTRATE JUDGE'S RECOMMENDATION AND OVERRULING MOTION FOR SUMMARY JUDGMENT AND DISMISSING DEFENDANTS GLENN ALLEN AND WILLIE MCKNIGHT WITHOUT PREJUDICE
This Report and Recommendation follows a Spears hearing held on March 27, 2017, by Magistrate Judge Michael T. Parker. Plaintiff filed a Motion for Summary Judgment [23] and requested that "his complaint be dismissed with prejudice." When questioned about this at the Spears hearing the plaintiff stated that this was an error and requested that the Motion for Summary Judgment [23] be overruled. Also at the Spears hearing plaintiff announced that he did not wish to pursue the claims against Glenn Allen and Willie McKnight. Based on the stated request of plaintiff Judge Parker recommended that the Motion for Summary Judgment [23] be denied and that all claims against Glenn Allen and Willie McKnight be dismissed without prejudice.
The Court finds that said Report and Recommendation should be accepted and made a part of this Order. Accordingly, as required by 28 U.S.C. §636(b)(1) this Court has conducted a review of the Motion and Objection and the contents of the Spears hearing and finds that the Motion for Summary Judgment [23] should be overruled and that defendants Glenn Allen and Willie McKnight should be dismissed without prejudice.
Accordingly, it is ORDERED that Magistrate Judge Michael T. Parker's Report and Recommendation is accepted pursuant to 28 U.S.C. § 636(b)(1) and that Kendall Magee's Motion for Summary Judgment is OVERRRULED. Further the Court Orders that Glenn Allen and Willie McKnight be DISMISSED WITHOUT PREJUDICE.
SO ORDERED this, the 24th day of April, 2017.
s/ Keith Starrett
UNITED STATES DISTRICT JUDGE