McDaniel v. Cody et al (MAG+)

Filing 47

JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Plf's 45 Objections are overruled; (2) The US Magistrate Judge's 44 Recommendation is adopted; (3) Plfs 39 Motion for Default Judgment is denied; (4) Dfts� 39; 17 , 24 , 27 , 28 , & 34 Motions for Summary Judgment and to Dismiss are granted; (5) This lawsuit is dismissed in its entirety; further ORDERED that costs are taxed against plf, for which execution may issue; DIRECTING the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; This case is closed. Signed by Honorable Judge Myron H. Thompson on 9/25/2012. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION EVESTER McDANIEL, ) ) ) ) ) ) ) ) ) Plaintiff, v. ROMEL CODY, et al., Defendants. CIVIL ACTION NO. 1:11cv1054-MHT (WO) JUDGMENT In accordance with the memorandum opinion entered this date, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Plaintiff's objections (Doc. No. 45) are overruled. (2) The United States Magistrate Judge's recommendation (Doc. No. 44) is adopted. (3) Plaintiff’s motion for default judgment (doc. no. 39) is denied. (4) Defendants’ motions for summary judgment and to dismiss (Doc. Nos. 17, 24, 27, 28, & 34) are granted. (5) This lawsuit is dismissed in its entirety. It is further ORDERED that costs are taxed against plaintiff, for which execution may issue. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. This case is closed. DONE, this the 25th day of September, 2012. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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