Tatum v. State of Alabama et al (MAG+)

Filing 7

OPINION. Signed by Honorable Judge Myron H. Thompson on 7/10/2017. (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
ANTONIO OSCAR TATUM,

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Plaintiff,
v.
THE STATE OF ALABAMA and
JUDGE GREG GRIFFIN,
Defendants.

CIVIL ACTION NO.
2:16cv422-MHT
(WO)

OPINION
Pursuant to 42 U.S.C. § 1983, plaintiff filed this
lawsuit complaining that he previously was incarcerated
illegally

and

that

the

State

breached

its

plea

agreement to resolve all of his pending charges.

This

lawsuit is now before the court on the recommendation
of the United States Magistrate Judge that plaintiff’s
case be dismissed.
recommendation.
review

of

magistrate

the

There are no objections to the

After
record,

judge’s

an
the

independent
court

recommendation

and

concludes
should

be

de
that

novo
the

adopted,

except for the language describing plaintiff as a state
prisoner.*
An appropriate judgment will be entered.
DONE, this the 10th day of July, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

*
While the recommendation refers to plaintiff
as a state prisoner, plaintiff does not appear from
this court’s records to have been in prison at any time
during the pendency of this case.
In any case, this
erroneous description does not undermine the reasoning
of the recommendation or change the outcome of the
case.