Beckwith v. State of Alabama et al (INMATE 1)

Filing 29

ORDER as follows: (1) Plaintiff's 28 Objections are OVERRULED; (2) The 27 Recommendation of the Magistrate Judge is ADOPTED; (3) Defendants' 14 Motion for Summary Judgment is GRANTED; (4) Costs are TAXED against Plaintiff. A final judgment will be entered separately. Pursuant to FRCP 25(d), Kay Ivey, as the current Governor of the State of Alabama, and Jefferson Dunn, as the current Commissioner of the Alabama Department of Corrections, are automatically substituted in their official capacities for Robert Bentley and Kim Tobias Thomas, respectively. Signed by Chief Judge William Keith Watkins on 8/30/2017. (dmn, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION KEITH LAMAR BECKWITH, Plaintiff, v. STATE OF ALABAMA; KIM TOBIAS THOMAS, former Commissioner of the Alabama Dep’t of Corrections, in his individual capacity; JEFFERSON DUNN, Commissioner of the Alabama Dep’t of Corrections, in his official capacity; CHRISTOPHER GORDY, Warden, in his individual and official capacities; Robert Bentley, former Governor of the State of Alabama, in his individual capacity; and KAY IVEY, Governor of the State of Alabama, in her official capacity,1 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 2:14-CV-933-WKW [WO] ORDER Before the court is the Recommendation of the Magistrate Judge to which Plaintiff filed a timely objection. (Docs. # 27, 28.) Upon an independent and de 1 Pursuant to Federal Rule of Civil Procedure 25(d), Kay Ivey, as the current Governor of the State of Alabama, and Jefferson Dunn, as the current Commissioner of the Alabama Department of Corrections, are automatically substituted in their official capacities for Robert Bentley and Kim Tobias Thomas, respectively. novo review of those portions of the Recommendation to which objection is made, see 28 U.S.C. § 636(b)(1), the court finds that Plaintiff presents no arguments that demonstrate error in the Recommendation. Accordingly, it is ORDERED as follows: (1) Plaintiff’s objections (Doc. # 28) are OVERRULED; (2) The Recommendation of the Magistrate Judge (Doc. # 27) is ADOPTED; (3) Defendants’ motion for summary judgment (Doc. # 14) is GRANTED; (4) Costs are TAXED against Plaintiff. and A final judgment will be entered separately. DONE this 30th day of August, 2017. /s/ W. Keith Watkins CHIEF UNITED STATES DISTRICT JUDGE 2

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