Green v. McDonald et al

1
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
NORTHERN DIVISION
JOY KELLY GREEN,
On behalf of J.M.G., )
)
Plaintiff, )
)
v. ) Civil Action No. 2:24-00321-KD-N
)
MARVIN MCDONALD, et al., )
)
Defendants. )
ORDER
After due and proper consideration of the issues raised, the report and recommendation of the
United States Magistrate Judge made under 28 U.S.C. § 636(a)–(b), Fed. R. Civ. P. 72, and S.D.
Ala. GenLR 72(a) and dated March 6, 2025, (Doc. 37), is ADOPTED as the opinion of this Court.
Accordingly, it is ORDERED that the Motion to Dismiss, (Doc. 28), filed by Defendant
Sumter County, Alabama (“Sumter County”) and Defendant Sumter County Sheriff Brian Harris
(“Harris”) (collectively, “Defendants”) is:
• GRANTED under Rule 12(b)(1) as to Count Three against Harris and Count Three
against Harris is DISMISSED without prejudice;
• GRANTED under Rule 12(b)(6) as to Count Three against Sumter County and Count
Three against Sumter County is DIMISSED without prejudice;
• GRANTED under Rule 12(b) as to all fictitious defendants—except Deputy Doe I—and
the claims against all fictitious defendants—except Deputy Doe I—are DISMISSED
without prejudice. Otherwise, the motion to dismiss all claims against fictitious defendant
Deputy Doe I is DENIED, in accordance with the prior adopted report and
recommendation, (Doc. 39).
DONE and ORDERED this the 25th day of March 2025.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE
Case 2:24-cv-00321-KD-N Doc# 40 Filed 03/25/25 Page 1 of 1 PageID#
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