| 2012-09-15 |
54 |
0 |
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ORDER RULING 43 Report and Recommendation; The court accepts the Report insofar as it recommends that summary judgment be awarded to Byars and McCall because they are sued only in their supervisory capacities. 32 Motion for Summary Judgment, filed by Michael McCall, Mr Turner, Abston, Mr Jormal, William R Byars, Jr, Nancy Merchant is denied without prejudice. Accordingly, this action is remanded to the Magistrate Judge for a new Report and Recommendation addressing the merits of the plaintiffs due process claim. Defendants Byars and McCall are dismissed from this action. Signed by Honorable Joseph F Anderson, Jr on 9/14/2012. (mbro) |
2012-09-15 10:19:55 |
7df7d278f08a6b748b913babe8bc8337811a4bab |