Smith v. Houston County Sheriff's Department (MAG+)
||Houston County Sheriff's Department
||November 27, 2013
||US District Court for the Middle District of Alabama
||Mark E. Fuller
||Susan Russ Walker
|Nature of Suit:
|Cause of Action:
||42 U.S.C. § 2000
|Jury Demanded By:
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|January 13, 2014
ORDER directing that, upon an independent review of the file in this case and upon consideration of the 11 Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge is ADOPTED and that pursua nt to defendants Rule 12(b)(6) motion and 28 U.S.C. §1915(e)(2)(B)(ii): 1. The motion to dismiss is GRANTED; and 2. Plaintiff is allowed a period of fifteen days, to and including January 24, 2014, to amend her complaint to name as the defendant the Houston County Sheriff, in his official capacity, or if plaintiff was not employed by the sheriff the legal entity that served as plaintiffs employer during the events at issue. Signed by Honorable Judge Mark E. Fuller on 1/13/14. (scn, )
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