Green v. Elmore County Jail et al (INMATE2)

Filing 71

ORDERED that: (1) the 16 Motion for Summary Judgment is GRANTED; (2) This case is due to be dismissed without prejudice pursuant to 28 U.S.C. § 4997e(c)(1); and (3) The costs of this proceeding are TAXED against Plaintiff Green for which execution may issue. An appropriate judgment will be entered. Signed by Honorable William Keith Watkins on 10/29/2008. (cb, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION JEREM IAH W. GREEN, Plaintiff, v. AJA ROBERTS, D e fe n d a n t . ) ) ) ) ) ) ) ) ) CASE NO. 2:06-CV-667-WKW O RD ER Before the court are the Defendant's Special Report (Doc. # 16), which the court construes as a Motion for Summary Judgment, and the Report and Recommendation of the M agistrate Judge (Doc. # 70). Th ere being no objections filed to the Report and Recommendation of the Magistrate Judge, and upon an independent review of the file, it is ORDERED that the Report and Recommendation is adopted and that: 1. 2. Defendant Roberts' Motion for Summary Judgment (Doc. # 16) is GRANTED. This case is due to be DISMISSED without prejudice pursuant to 28 U.S.C. 1 9 9 7 e(c )(1). 3. The costs of this proceeding are TAXED against Plaintiff Green for which execution may issue. An appropriate judgment will be entered. DONE this 29th day of October, 2008. /s/ W. Keith Watkins UNITED STATES DISTRICT JUDGE

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