Fuller v. Nearer et al (INMATE 2)

Filing 63

OPINION AND ORDER: it is ORDERED and ADJUDGED that the 60 Recommendation of the Magistrate Judge be and is hereby ADOPTED, and this case is hereby DISMISSED as follows: 1) Dfts' 25 , 27 , and 39 motions for summary judgment are GRANTED; 2) Plf's supplemental state law claims are DISMISSED without prejudice; 3) This case is DISMISSED with prejudice; 4) Judgment is ENTERED in favor of Dfts and against the Plf; 5) Costs are taxed against Plf. Signed by Honorable Judge W. Harold Albritton, III on 9/12/2016. (wcl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
DAVID BOY FULLER, #147 862,

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) CIVIL ACTION NO.: 2:13-CV-417-WHA
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[WO]
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Plaintiff,
v.
LT. NEARER, et al.,
Defendants.

OPINION and ORDER
On August 4, 2016, the Magistrate Judge filed a Recommendation in this case to which no
timely objections have been filed. Doc. 60. 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 this case is hereby DISMISSED as follows:
1. Defendants’ motions for summary judgment (Docs. 25, 27, 39) are GRANTED;
2. Plaintiff’s supplemental state law claims are DISMISSED without prejudice;
3. This case is DISMISSED with prejudice;
4. Judgment is ENTERED in favor of Defendants and against the Plaintiff.
5. Costs are taxed against Plaintiff.
Final Judgment will be entered in favor of Defendants.
Done, this 12th day of September, 2016.

/s/ W. Harold Albritton
SENIOR UNITED STATES DISTRICT JUDGE