Mosley v. Dominic et al (INMATE 1)
| Fredrick Benard Mosley |
| Jones Dominic, Nathaniel Lawson, Shawn Logan, Larry W. Anglin, Larry Peavy, Derrick Cater, Sherry A. Lightner, Brim Mitchell, Central Review Board, CO I Scott, CO I Teals, COI Scerfe, COI Lengo and COI Atkinson |
| 2:2013cv00450 |
| June 26, 2013 |
| US District Court for the Middle District of Alabama |
| Montgomery Office |
| Barbour |
| Mark E. Fuller |
| Wallace Capel |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Filing
61
ORDER ON MOTION: At the close of testimony presented by the plaintiff during the evidentiary hearing held in this case on 11/3/2016, counsel for the defendants made an oral motion for judgment as a matter of law on the basis of the plaintiffs failure to present evidence in support of the failure-to-protect claims lodged against the defendants, and subsequently renewed this motion. The court took these motions under advisement. Upon consideration of the defendants motion for judgment as a matter of law and their renewed motion for judgment as a matter of law, the court deems the requested actionto be procedurally improper in as much as Federal Rule of Civil Procedure 50 provides an avenue for judgment as a matter of law only in the context of a jury trial. See FRCP 50(a)(1). It is therefore ORDERED that the oral motions are hereby DENIED. Signed by Honorable Judge Gray M. Borden on 11/16/2016. (dmn, )
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