Smith v. Boyd et al (INMATE2)

Filing 29

ORDER AND OPINION: It is ORDERED and ADJUDGED that the 28 Recommendation of the Magistrate Judge be and is hereby ADOPTED and that: 1. Plaintiff's claims for injunctive and/or declaratory relief are DISMISSED as moot; 2. Defendants' 14 Motion for Summary Judgment is GRANTED. 3. Judgment is ENTERED in favor of defendants and against plaintiff; and 4. Costs are TAXED against plaintiff for which execution may issue. Signed by Honorable Judge Ira De Ment on 5/27/2011. (dmn)

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION WARREN SETH SMITH, #200261, Plaintiff, v. LOUIS BOYD, et al., Defendants. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:09cv472-ID ORDER AND OPINION On May 3, 2011, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. No. 28). Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge be and is hereby ADOPTED and that: 1. Plaintiff’s claims for injunctive and/or declaratory relief are DISMISSED as moot; 2. Defendants’ motion for summary judgment (Doc. No. 14) is GRANTED; 3. Judgment is ENTERED in favor of defendants and against plaintiff; and 4. Costs are TAXED against plaintiff for which execution may issue. Done this the 27 th day of May, 2011. /s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE

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