The Prudential Insurance Company of America v. Boyd et al

Filing 31

ORDER -re: R&R 30 . The court hereby ADOPTS the report of the magistrate judge and ACCEPTS the recommendations. It is ORDERED that this court will hold an evidentiary hearing, on a date after six months from the entry of this order. Signed by Judge Virginia Emerson Hopkins on 9/16/2015. (AVC)

FILED
2015 Sep-16 AM 08:46
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION
FREDERICK L. BOYD,
Plaintiff
vs.
FREDERICK MONTEZ BOYD,
Defendant

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Case No. 1:14-cv-01110-VEH

ORDER
On August 31, 2015, the magistrate judge’s report and recommendation was
entered with respect to the Motion to Approve Distribution of Interplead Funds filed
by defendant Frederick Montez Boyd, and the parties were allowed therein fourteen
(14) days in which to file objections to the recommendations made by the magistrate
judge. No party has filed objections to the magistrate judge’s report and
recommendation.
After careful consideration of the record in this case and the magistrate judge’s
report and recommendation, the court hereby ADOPTS the report of the magistrate
judge. The court further ACCEPTS the recommendations of the magistrate judge. It
is, therefore, ORDERED, ADJUDGED, and DECREED that this court will hold an
evidentiary hearing, on a date after six months from the entry of this order, to determine

whether Frederick Montez Boyd has established, by a preponderance of the evidence,
that the killing of Cormella Boyd by Frederick Boyd was “felonious and intentional”
under Ala. Code § 43-8-253(c), in order to determine the proper party to whom the
interpled funds should be distributed.
DONE and ORDERED this 16th day of September, 2015.

VIRGINIA EMERSON HOPKINS
United States District Judge

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