CAREY v. WALKER

Case No. 2:16-CV-577-WKW.

CARLOS CAREY, #245045, Plaintiff, v. CLIFF WALKER, et al., Defendants.

United States District Court, M.D. Alabama, Northern Division.

Editors Note
Applicable Law: 42 U.S.C. § 1983
Cause: 42 U.S.C. § 1983 Prisoner Civil Rights
Nature of Suit: 550 Prisoner: Civil Rights
Source: PACER


Attorney(s) appearing for the Case

Carlos Carey, Plaintiff, Pro Se.

Cliff Walker, Defendant, represented by Meridith Hamilton Barnes , Alabama Board of Pardons and Paroles & Steven Mallette Sirmon , Alabama Board of Pardons & Paroles.

Lyn Head, Defendant, represented by Meridith Hamilton Barnes , Alabama Board of Pardons and Paroles & Steven Mallette Sirmon , Alabama Board of Pardons & Paroles.

Robert Longshore, Defendant, represented by Meridith Hamilton Barnes , Alabama Board of Pardons and Paroles & Steven Mallette Sirmon , Alabama Board of Pardons & Paroles.


ORDER

W. KEITH WATKINS, Chief District Judge.

On April 19, 2017, the Magistrate Judge filed a Recommendation (Doc. # 39), to which no objections have been filed. Upon an independent review of the record and upon consideration of the Recommendation, it is ORDERED as follows:

1. The Recommendation (Doc. # 39) is ADOPTED.

2. Plaintiff's motion to dismiss all claims against Defendant Lyn Head (Doc. # 35) pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure1 is GRANTED.

3. All claims of Plaintiff Carlos Carey against Defendant Lyn Head are DISMISSED with prejudice, and the Clerk of the Court is DIRECTED to terminate Lyn Head as a defendant in this action.

4. This case is referred back to the Magistrate Judge for further proceedings.

FootNotes


1. A plaintiff may dismiss all claims against a defendant under Rule 41 even if there are other defendants in the case. Klay v. United Healthgroup, Inc., 376 F.3d 1092, 1106 (11th Cir. 2004) ("Rule 41 allows a plaintiff to dismiss all of his claims against a particular defendant. . . ."); see also Plain Growers, Inc. ex rel. Florists' Mut. Ins. Co. v. Ickes-Braun Glasshouses, Inc., 474 F.2d 250, 254 (5th Cir. 1973) ("There is little merit in the argument that the court could not dismiss the action as to less than all defendants upon motion [under (a)(2)] . . . ."); Bonner v. City of Prichard, Ala., 661 F.2d 1206, 1209 (11th Cir. 1981) (en banc).

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