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)

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.

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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.

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United States District Judge