Jackson v. Mead Westvaco

Filing 25

ORDER DENYING 22 MOTION for Summary Judgment; OVERRULING plf's 24 objections; further ORDERING that the 23 REPORT AND RECOMMENDATION of the Mag Judge is ADOPTED; further ORDERING that this case is hereby REFERRED back to the Mag Judge for appropriate action or recommendation on all pretrial matters. Signed by Hon. Chief Judge Mark E. Fuller on 12/23/09. (djy, )

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IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA E A S T E R N DIVISION H A R R Y LEE JACKSON, P L A IN T IF F , v. M E A D WESTVACO, D EFEN D A N T. ) ) ) ) ) ) ) ) ) C A S E NO. 3:09-cv-695-MEF ORDER T h is cause is before the Court on the Motion for Summary Judgment (Doc. # 22) filed o n December 1, 2009, by Plaintiff Harry Lee Jackson, and Recommendation of the M a g is tra te Judge (Doc. # 23) addressing that motion; and the December 18, 2009 Objection to Recommendation (Doc. # 24) filed by Plaintiff. In accordance with Federal Rule of Civil P ro c e d u re 72, this Court has reviewed Plaintiff's objection, the Magistrate Judge's R e c o m m e n d a tio n , and Plaintiff's original motion. In his Order, the Magistrate Judge set f o rth an appropriate basis for his decision to deny Plaintiff's Motion for Summary Judgment. While it is true that along with his Objection, Plaintiff filed some evidentiary materials in s u p p o rt of his motion which were not previously submitted, the Court finds the evidence s u b m itte d insufficient to establish that there are no genuine issues as to any material fact. This Court finds that the Magistrate Judge's Order is neither clearly erroneous, nor contrary to law. See Fed. R. Civ. P. 72(a). Therefore, Motion for Summary Judgment (Doc. # 22) is D E N IE D and Plaintiff's objections (Doc. # 24) are OVERRULED. It is further ORDERED that the Recommendation of the Magistrate Judge (Doc. # 23) is ADOPTED. It is further O R D E R E D that this case is hereby REFERRED back to the Magistrate Judge for appropriate a c tio n or recommendation on all pretrial matters. D O N E this the 23rd day of December, 2009. /s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE 2

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