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SHORTZ v. SMITH, 3:14cv612-MHT. (2015)

Court: District Court, M.D. Alabama Number: infdco20150317800 Visitors: 30
Filed: Mar. 16, 2015
Latest Update: Mar. 16, 2015
Summary: ORDER MYRON H. THOMPSON , District Judge . After an independent and de novo review of the record, it is the ORDER, JUDGMENT, and DECREE of that the United States Magistrate Judge's recommendation (doc. no. 46) is adopted as follows: (1) Defendants Ray Smith and Michele Kilday's motion to dismiss (doc. no. 38) is granted to the extent they have been sued in their official capacities. (2) Defendants Smith and Kilday's motion to dismiss (doc. no. 38) is denied to the extent they have been su
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ORDER

After an independent and de novo review of the record, it is the ORDER, JUDGMENT, and DECREE of that the United States Magistrate Judge's recommendation (doc. no. 46) is adopted as follows:

(1) Defendants Ray Smith and Michele Kilday's motion to dismiss (doc. no. 38) is granted to the extent they have been sued in their official capacities.

(2) Defendants Smith and Kilday's motion to dismiss (doc. no. 38) is denied to the extent they have been sued in their individual capacities for a First Amendment violation.

(3) This case is referred back to the magistrate judge for further appropriate proceedings.

Source:  Leagle

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