Foard v. United States of America et al

Filing 64

MEMORANDUM OPINION AND ORDER: The court ADOPTS the report and ACCEPTS the recommendation and finds that the defendants' motions to dismiss and the motion for summary judgment are due to be GRANTED. Signed by Judge Liles C Burke on 2/5/2024. (AHI)

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FILED 2024 Feb-05 AM 09:14 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA EASTERN DIVISION JOE FOARD, Plaintiff, v. UNITED STATES OF AMERICA, et al., Defendants. ) ) ) ) ) ) ) ) ) ) Case No. 1:21-cv-564-LCB-GMB MEMORANDUM OPINION & ORDER The Magistrate Judge entered a report on January 9, 2024, recommending that the court treat the defendants’ motions for summary judgment as motions to dismiss and grant the motions. (Doc. 63). The Magistrate Judge further recommended that the United States’ motion for summary judgment on the plaintiff’s Federal Tort Claims Act (“FTCA”) claims be GRANTED. (Doc. 63). Although the court advised the parties of their right to file specific written objections within 14 days, the court has not received any objections. (Doc. 63 at 21). After careful consideration of the record in this case and the Magistrate Judge’s report, the court ADOPTS the report and ACCEPTS the recommendation. Consistent with that recommendation, the court finds that the defendants’ motions to dismiss and the motion for summary judgment are due to be GRANTED. A final judgment will be entered. DONE and ORDERED February 5, 2024. _________________________________ LILES C. BURKE UNITED STATES DISTRICT JUDGE 2

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