Owuor v. The U.S. Dept. of Homeland Security et al (INMATE 3)

Filing 67

ORDER, JUDGMENT and DECREE of the court that: (1) the 66 REPORT AND RECOMMENDATION of the Magistrate Judge is ADOPTED; (2) plaintiff's claims against defendant US Department of Homeland Security are DISMISSED for lack of subject matter jurisd iction; (3) the Motions for Summary Judgment filed on behalf of defs Diamond and Henderson are GRANTED and the claims asserted against these defendants are DISMISSED with prejudice; (4) the Motions for Summary Judgment filed on behalf of defendants Taylor, Bright, and City of Montgomery are GRANTED and the claims asserted against these defendants are DISMISSED with prejudice. Signed by Honorable Judge Mark E. Fuller on 10/25/12. (djy, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
PETER MAKUSI OTEMBA OWUOR,
Plaintiff,
v.
U.S. DEPT. OF HOMELAND
SECURITY, et al.,
Defendants.

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CASE NO. 2:09-cv-1166-MEF

ORDER
On October 4, 2012, the Magistrate Judge filed a Recommendation (Doc. #66) in this
case 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
ORDER, JUDGMENT and DECREE of the court that:
1. The Recommendation of the Magistrate Judge is ADOPTED.
2. Plaintiff's claims against defendant U.S. Department of Homeland Security are
DISMISSED for lack of subject matter jurisdiction.
3. The motions for summary judgment filed on behalf of defendants Diamond and
Henderson are GRANTED and the claims asserted against these defendants are DISMISSED
with prejudice.
4. The motions for summary judgment filed on behalf of defendants Taylor, Bright,
and City of Montgomery are GRANTED and the claims asserted against these defendants
are DISMISSED with prejudice.
DONE this the 25th day of October, 2012.
/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE