Opinion
Civil No. 3:11-0855
09-28-2012
CHRIS SCOTT MAYBERRY, Plaintiff, v. HUMPHREYS COUNTY, et al., Defendants.
Judge Trauger
ORDER
On September 4, 2012, the Magistrate Judge issued a Report and Recommendation (Docket No. 86), to which no timely objections have been filed. The Report and Recommendation is therefore ACCEPTED and made the findings of fact and conclusions of law of this court. For the reasons expressed therein, the following are hereby ORDERED:
1. The Motion For Summary Judgment filed by defendant Mathai (Docket No. 36) is GRANTED, and this defendant is DISMISSED from this action.
2. The Motion to Dismiss filed by defendants Chris Davis, Becky Cunningham, Jesse Wallace, Mike Mealler, Teddy Hooper, Tammy Ross, Will Hooper, Bonnie Robertson, Thelma Davidson, Theresa Howell, Brent Hubble, Alan Wallace, Greg Ryan, Brian Baker, and David Flower (Docket No. 20) is GRANTED only with respect to the claims brought against Jesse Wallace, the claim against Chris Davis for failure to file a report, the plaintiff's individual liability claims brought under the Americans With Disabilities Act, and the official capacity claims against the Jail Defendants. The Motion to Dismiss is DENIED in all other respects.
3. The Motion to Dismiss filed by defendant Humphreys County (Docket No. 42) is DENIED.
This case is RETURNED to the Magistrate Judge for further handling under the original referral Order.
It is so ORDERED.
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ALETA A. TRAUGER
U.S. District Judge