Bartlett et al v. Preston et al

Filing 116

MEMORANDUM OPINION AND ORDER that the Court ADOPTS the findings and ACCEPTS the recommendation of the magistrate judge and the Defendant's 79 Motion to Dismiss is DENIED. Signed by Judge C Lynwood Smith, Jr on 9/25/2012. (AHI)

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FILED 2012 Sep-25 PM 01:54 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA EASTERN DIVISION JOHN W. BARTLETT and BARBARA C. BARTLETT, Plaintiffs, vs. DENNIS G. PRESTON, et al., Defendants. ) ) ) ) ) ) ) ) ) ) Case No. 1:10-CV-1620-PWG MEMORANDUM OPINION AND ORDER The magistrate judge filed an order on September 7, 2012 (doc. 115), recommending that defendant Brenda Preston’s motion to dismiss (doc. 97), construed as a motion for summary judgment, be DENIED. The parties were allowed an opportunity in which to file objections. No objections have been received from either party. Having carefully reviewed and considered de novo all the materials in the court file, the Court is of the opinion that the magistrate judge’s findings are due to be and are hereby ADOPTED, and his recommendation is ACCEPTED. Defendant’s motion to dismiss (doc. 79) is due to be and hereby is DENIED. DONE this 25th day of September, 2012. ______________________________ United States District Judge

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