Wheeler v. Dunn (INMATE 1)

Filing 71

JUDGMENT, in accordance with the memorandum opinion entered this date, it is the ORDER, JUDGMENT and DECREE of the court as follows: (1) the plaintiff's 65 Objections are overruled; (2) adopting 64 Report and Recommendation of the Magistra te Judge; (3) the defendant's 25 , 28 , & 42 special reports are treated as a Motion for Summary Judgment, and the defendant's motion for summary judgment is granted; (4) judgment is entered in favor of defendant and against plaintiff, with plaintiff taking nothing by his complaint; further ORDERING that costs are taxed against plaintiff, for which execution may issue; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; this case is closed. Signed by Honorable Judge Myron H. Thompson on 5/26/15. (Attachments: # 1 civil appeals checklist)(djy, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
MARK SHANNON WHEELER,

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Plaintiff,
v.
JEFFERSON S. DUNN,
Commissioner of the
Alabama Department of
Corrections,
Defendant.

CIVIL ACTION NO.
2:13cv112-MHT
(WO)

JUDGMENT
In accordance with the memorandum opinion entered
this date, it is the ORDER, JUDGMENT, and DECREE of the
court as follows:
(1) The plaintiff’s objections (doc. no. 65) are
overruled.
(2) The

United

States

Magistrate

Judge’s

recommendation (doc. no. 64) is adopted.
(3) The defendant’s special reports (doc. nos.
28,

and

42)

are

treated

as

a

motion

for

25,

summary

judgment,

and

the

judgment (doc. nos.

defendant's

motion

for

summary

25, 28, and 42) is granted.

(4) Judgment is entered in favor of defendant and
against plaintiff, with plaintiff taking nothing by his
complaint.
It is further ORDERED that costs are taxed against
plaintiff, for which execution may issue.
The clerk of the court is DIRECTED to enter this
document

on

the

civil

pursuant

to

Rule

58

of

docket
the

as

a

Federal

final
Rules

judgment
of

Procedure.
This case is closed.
DONE, this the 26th day of May, 2015.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

Civil