Martin v. State of Alabama Department of Corrections et al (INMATE1)
ORDER it is the Order, Judgment and Decree of the court that: 1) That the Recommendation of the Mag Judge entered on 5/19/09 doc. 38 , is hereby modified as further set out in order; 2) In all other respects, the Recommendation of the Mag Judge is a ccepted and hereby adopted as the opinion of this Court; 2) The dfts' motion for summary is granted, judgment is granted in favor of the dfts, and this case is dismissed with prejudice; 3) The costs of this proceeding is taxed against the plaintiff.. Signed by Hon. Chief Judge Mark E. Fuller on 6/15/09. (Attachments: # 1 appeals checklist)(vma, )
IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA OF N O R T H E R N DIVISION J O E BENOIT MARTIN, #208789, P la in tif f , v. W A R D E N LEON FORNISS, et al., D e f e n d a n ts. ) ) ) ) ) ) ) )
C A S E NO. 2:07-cv-0335-MEF
O n May 19, 2009, the Magistrate Judge filed a Recommendation (Doc. #38) in this c a s e to which no timely objections have been filed. Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is the O R D E R , JUDGMENT and DECREE of the court that: 1 . That the Recommendation of the Magistrate Judge entered on May 19, 2009 (Doc. # 38), is hereby MODIFIED by the substitution of "2007" for "2009" in the first sentence on p a g e 9 of the Recommendation of the Magistrate Judge which formerly read "On March 27, 2 0 0 9 , Martin and Hardy engaged in a physical altercation in the dining hall which began w h e n 'inmate Hardy...asked inmate Martin to stop talking about him (Hardy).[']" In all other re s p e c ts , the Recommendation of the Magistrate Judge is accepted and hereby ADOPTED a s the opinion of this Court; 2 . The defendants' motion for summary judgment is GRANTED, judgment is G R A N T E D in favor of the defendants, and this case is DISMISSED with prejudice.
3. The costs of this proceeding is taxed against the plaintiff. D O N E this the 15th day of June, 2009.
/s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE
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