Summary
dismissing claim against private attorney's legal assistant because "neither an attorney nor his assistant act[ed] under color of state law during representation of an accused in criminal proceedings"
Summary of this case from Vance v. NelsonOpinion
CIVIL ACTION NO. 2:14cv971-MHT (WO)
10-14-2014
SAMUEL A. McCORMICK, #284527, Plaintiff, v. KATHENA BARNES, Defendant.
JUDGMENT
In accordance with the memorandum opinion entered on this date, it is the ORDER, JUDGMENT, and DECREE of the court as follows:
(1) Plaintiff's objections (doc. no. 9) are overruled.
(2) The United States Magistrate Judge's recommendation (doc. no. 8) is adopted.
(3) Plaintiff's motion for summary judgment (doc. no. 5) is denied.
(4) This lawsuit is dismissed without prejudice.
It is further ORDERED that costs are taxed against plaintiff, for which execution may issue.
The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure.
This case is closed.
DONE, this the 14th day of October, 2014.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE