Martin v. State of Alabama Department of Corrections et al (INMATE1)

Filing 39

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, )

Download PDF
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 ORDER 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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?