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El-Bey v. Menefee

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

November 21, 2014

WALTER-EL ALKEMET SHAKUR EL-BEY, Plaintiff,
v.
ALFONZA MENEFEE, et al., Defendants.

ORDER

W. KEITH WATKINS, Chief District Judge.

On October 14, 2014, and October 27, 2014, the Magistrate Judge filed Recommendations in this case (Docs. # 55 & 58). On November 7, 2014, Plaintiff filed Objections to the Recommendations. (Doc. # 59.) Upon an independent review of the file and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED as follows:

1. The Objections are OVERRULED, except as to Plaintiff's ยง 1983 claim for false arrest by Tuskegee University campus police officers in the Bursar's Office on June 13, 2013;[1]

2. Defendant Menefee's motion to dismiss (Doc. # 42) is DENIED;

3. Defendant Tuskegee University's original motion for summary judgment (Doc. # 25) is DENIED as moot;

4. Except as to Plaintiff's claim for false arrest, Defendant Tuskegee University's amended motion for summary judgment (Doc. # 47) is GRANTED and Plaintiff's claims against Defendant Tuskegee University are DISMISSED with prejudice; and

5. This case, with regard to Plaintiff's claims against Defendant Menefee and Plaintiff's claim against Tuskegee University for false arrest, is REFERRED BACK to the Magistrate Judge for further proceedings.


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