EL-Bey v. Menefee et al (MAG+)

Filing 103

ORDERED as follows: (1) Plaintiff's 102 objection is OVERRULED; (2) The 101 Recommendation is ADOPTED; (3) Plaintiff's 75 motion for default judgment/judgment as a matter of law is DENIED; (4) Defendant's 76 motion for summary judgment is GRANTED; (5) This action is DISMISSED with prejudice; and (6) Costs are TAXED against Plaintiff for which let execution issue. Signed by Chief Judge William Keith Watkins on 10/8/2015. (kh, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION WALTER-EL ALKEMET SHAKUR EL-BEY, Plaintiff, v. ALFONZA MENEFEE, Defendant. ) ) ) ) ) ) ) ) ) ) CASE NO. 3:14-CV-47-WKW [WO] ORDER Before the court is the Recommendation of the Magistrate Judge (Doc. # 101) to which Plaintiff has filed an objection (Doc. # 102). Based upon an independent and de novo review of those portions of the Recommendation to which objection is made, see 28 U.S.C. § 636(b), it is ORDERED as follows: (1) Plaintiff’s objection (Doc. # 102) is OVERRULED; (2) The Recommendation (Doc. # 101) is ADOPTED; (3) Plaintiff’s motion for default judgment/judgment as a matter of law (Doc. # 75) is DENIED; (4) Defendant’s motion for summary judgment (Doc. # 76) is GRANTED; (5) This action is DISMISSED with prejudice; and (6) Costs are TAXED against Plaintiff for which let execution issue. A separate final judgment will be entered. DONE this 8th day of October, 2015. /s/ W. Keith Watkins CHIEF UNITED STATES DISTRICT JUDGE 2

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