Ray et al v. Pate's Chapel Baptist Church and Cemetery(MAG+), No. 2:2018cv00828 - Document 22 (M.D. Ala. 2019)

Court Description: MEMORANDUM OPINION AND ORDER: it is ORDERED as follows: 1) The parties' 18 & 20 objections are overruled; 2) The 16 recommendation of the U.S. Magistrate Judge is adopted; 3) The 6 motion to dismiss is granted as to plfs' claims, if any, arising from the July 2014 conversation between Cathy Ray and Howard Smith, and is denied as to plfs' claims arising from the placement of the gravesite marker in January 2015 and other events subsequent to the filing of their prior sta te-court lawsuit related to the July 2014 conversation; However, dft is granted leave to re-raise the res judicata issue on a motion for summary judgment; 4) The 2 motion for leave to proceed in forma pauperis is granted; further ORDERED that this case is referred back to the magistrate judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 9/30/2019. (Attachments: # 1 Civil Appeals Checklist)(amf, )

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Ray et al v. Pate's Chapel Baptist Church and Cemetery(MAG+) Doc. 22 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION CATHY RAY and DEBBIE GONZALEZ, Plaintiffs, v. PATE'S CHAPEL BAPTIST CHURCH AND CEMETERY, Defendant. ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:18cv828-MHT (WO) OPINION AND ORDER Plaintiffs filed this lawsuit asserting state-law claims stemming from a series of events that arose after they sought to place a marker for their deceased father in defendant’s cemetery. court on Magistrate the This lawsuit is now before the recommendation Judge that of defendant’s the United motion to States dismiss plaintiffs’ case be granted in part and denied in part. Also before the court are both parties’ objections to the recommendation. After an independent and de novo review of the record, the court concludes that the parties’ Dockets.Justia.com objections should be overruled and the magistrate judge’s recommendation adopted. *** Accordingly, it is ORDERED as follows: (1) The parties’ objections (doc. nos. 18 and 20) are overruled. (2) The recommendation of the United States Magistrate Judge (doc. no. 16) is adopted. (3) The motion to dismiss (doc. no. 6) is granted as to plaintiffs’ claims, if any, arising from the July 2014 conversation between Cathy Ray and Howard Smith, and is denied as to plaintiffs’ claims arising from the placement of the gravesite marker in January 2015 and other events subsequent to the filing of their prior state-court conversation. lawsuit related to the July 2014 However, defendant is granted leave to re-raise the res judicata issue on a motion for summary judgment. 2 (4) The motion for leave to proceed in forma pauperis (doc. no. 2) is granted. It is further ORDERED that this case is referred back to the magistrate judge for further proceedings. DONE, this the 30th day of September, 2019. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE 3

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