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, )
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.
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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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