Shultz v. R. Brian Wells, D.C., et al

Filing 42

ORDER overruling the 40 Objections of the plaintiff; adopting the 38 Recommendation of the Magistrate Judge; granting the 10 defendant's motion to dismiss, or in the alternative, motion for summary judgment; taxing costs against the plaintiff; dismissing the case with prejudice. Signed by Honorable William Keith Watkins on 3/22/2010. (br, )

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION M IR IA M CLARE SHULTZ, D.C. v. R. BRYAN WELLS, et al., ) ) ) ) )

C A S E NO. 2:09-CV-646-WKW

ORDER O n March 3, 2010, the Magistrate Judge filed a Recommendation in this case. (Doc. # 38.) Plaintiff Miriam Clare Shultz filed objections to the Recommendation on March 19, 2 0 1 0 . (Doc. # 40). Upon an independent and de novo review of those portions of the R e c o m m e n d a tio n to which objections were made, 28 U.S.C. § 636(b)(1), it is ORDERED a s follows: 1. 2. 3. M s . Shultz's objections (Doc. # 40) are OVERRULED; th e Recommendation (Doc. # 38) is ADOPTED; D e f e n d a n ts' motion to dismiss or, in the alternative, for summary judgment (D o c . # 10), is GRANTED as set forth in the Recommendation; 4. 5. c o s ts are TAXED against the plaintiff; and th is case is DISMISSED with prejudice.

DONE this 22nd day of March, 2010.

/s/ W. Keith Watkins UNITED STATES DISTRICT JUDGE