Adams v. Mosley et al (INMATE2)

Filing 115

ORDER directing as follows: (1) Plf's 112 Petition for Permission to Appeal is treated as a MOTION to Allow Filing of Objections Out of Time pursuant to 60(b) of the FRCP, because plf did not have enough time to file objections; (2) The motion to allow filing of objections out of time is granted to the extent that the court will consider plf's recently filed objections (Doc. No. 114 ). (3) The 114 Objections are overruled, as further set out in order; (4) The court's 110 Opinion and 111 Judgment are re-adopted and re-affirmed. Signed by Honorable Myron H. Thompson on 11/10/2008. (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

THOMAS OTTER ADAMS, Plaintiff, v. GWENDOLYN MOSLEY, et al., Defendants.

) ) ) ) ) ) ) ) ) ORDER

CIVIL ACTION NO. 2:05cv352-MHT (WO)

Pursuant to the order entered on October 17, 2008 (Doc. No. 113), it is ORDERED as follows: (1) Plaintiff's petition for permission to appeal (Doc. No. 112) is treated as a motion to allow filing of objections out of time pursuant to Rule 60(b) of the Federal Rules of Civil

Procedure, because plaintiff did not have enough time to file objections. (2) The motion to allow filing of objections out of time is granted to the extent that the court

will

consider

plaintiff's

recently

filed

objections (Doc. No. 114). (3) The objections (Doc. No. 114) are overruled. The court has considered the objections as if they had been timely filed, and the court finds the objections to be without merit. (4) The court's opinion (Doc. No. 110) and judgment (Doc. No. 111) are re-adopted and re-affirmed. DONE, this the 10th day of November, 2008.

/s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE