Mitchell v. Reid et al (INMATE 1)

Filing 48

ORDER: It is ORDERED that: 1. The Objections are OVERRULED. (Docs. 43 , 46 .) 2. The Recommendation and Supplementation Recommendation of the Magistrate Judge are ADOPTED. (Doc. 42 , 45 .) 3. The Motion for Summary Judgment (Doc. 17 ) be and is hereby GRANTED in favor of the Defendants. 4. This case is DISMISSED with prejudice. 5. Costs be taxed against the Plaintiff. A separate Final Judgment will be entered in accordance with this order. Signed by Honorable Judge R. Austin Huffaker, Jr on 8/14/2020. (dmn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
LEWIS A. MITCHELL,

)
)
)
)
)
)
)
)
)

Plaintiff,
v.
CLARENCE REID, et al.,
Defendants.

Civ. No. 2:17cv379-RAH

ORDER
On May 12, 2020, the Magistrate Judge entered a Recommendation, (Doc. 42), to
grant the Motion for Summary Judgment, (Doc. 17), in favor of the Defendants and
dismiss the case. On June 9, 2020, the Magistrate Judge entered a Supplemental
Recommendation, (Doc. 45), to dismiss the takings claim. The Plaintiff filed Objections.
(Docs. 43, 46.) After an independent review of the file and upon consideration of the
Recommendation, Supplemental Recommendation, and Objections, it is ORDERED
that:
1. The Objections are OVERRULED. (Docs. 43, 46.)
2. The Recommendation and Supplemental Recommendation of the Magistrate
Judge are ADOPTED. (Doc. 42, 45.)
3. The Motion for Summary Judgment (Doc. 17) be and is hereby GRANTED in
favor of the Defendants.
4. This case is DISMISSED with prejudice.

5. Costs be taxed against the Plaintiff.
A separate Final Judgment will be entered in accordance with this order.
DONE, this 14th day of August, 2020.

/s/ R. Austin Huffaker, Jr.
R. AUSTIN HUFFAKER, JR.
UNITED STATES DISTRICT JUDGE

2