Brown v. Thomas et al (INMATE 1)

Filing 48

ORDER: On 1/31/2017, the Magistrate Judge entered a 44 Recommendation that the Defendants motions for summary judgment be granted and the case dismissed. The Plaintiff was given until 2/14/2017 to file objections. No timely objection was filed, and on 2/22/2017, the court adopted the Recommendation, granted the motions for summary judgment, dismissed the case with prejudice, and entered final judgment. (Doc. 45 and 46 ). Now, on 3/1/2017, the Plaintiff has filed a document styled 47 Objec tion by Writ of Mandamus. The objection is untimely. Furthermore, after de novo review of the objection and the file in this case, the court finds the Objection, or Motion for Writ of Mandamus, to be without merit, and it is ORDERED as follows: 1. The 47 Objection is OVERRULED. 2. The Motion for Writ of Mandamus is DENIED. 3. The 45 Order and 46 Final Judgment remain in full force and effect. Signed by Honorable Judge W. Harold Albritton, III on 3/2/2017. (dmn, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
ERIC LEE BROWN, #216794,

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Plaintiff,
v.
KIM THOMAS, et al.,
Defendants.

CASE NO. 2:13-CV-905-WHA
(wo)

ORDER
On January 31, 2017, the Magistrate Judge entered a Recommendation that the Defendants’
motions for summary judgment be granted and the case dismissed. The Plaintiff was given until
February 14, 2017 to file objections (Doc. #44). No timely objection was filed, and on February
22, 2017, the court adopted the Recommendation, granted the motions for summary judgment,
dismissed the case with prejudice, and entered final judgment. (Doc. #45 and #46).
Now, on March 1, 2017, the Plaintiff has filed a document styled Objection by Writ of
Mandamus (Doc. #47). The objection is untimely. Furthermore, after de novo review of the
objection and the file in this case, the court finds the Objection, or Motion for Writ of Mandamus,
to be without merit, and it is ORDERED as follows:
1.

The Objection is OVERRULED.

2. The Motion for Writ of Mandamus is DENIED.
3. The Order (Doc. #45) and Final Judgment (Doc. #46) remain in full force and effect.
DONE this 2nd day of March, 2017.

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