Burdette v. Smith et al (INMATE1)

Filing 59

OPINION AND ORDER directing that this lawsuit be and is hereby DISMISSED in its entirety with prejudice, with the parties to bear their own costs, as further set out in order; further ORDERING that all pending motions be and are hereby DENIED as moot. Signed by Honorable Judge Charles S. Coody on 9/22/11. (djy, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION DANIEL SCOTT BURDETTE, AIS # 193641, ) ) ) Plaintiff, ) ) v. ) ) SARGENT SMITH and OFFICER ROSS, ) ) Defendants. ) CIVIL ACTION NO. 2:08cv703-CSC OPINION and ORDER The court having been informed that this case is now settled, it is the ORDERED that this lawsuit be and is hereby DISMISSED in its entirety with prejudice, with the parties to bear their own costs and with leave to any party to file, within 45 days, a motion to have the dismissal set aside and the case reinstated or the settlement enforced, should the settlement not be consummated. It is further ORDERED that all pending motions be and are hereby DENIED as moot. Done this 22nd day of September, 2011. /s/Charles S. Coody CHARLES S. COODY UNITED STATES MAGISTRATE JUDGE

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