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)

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.

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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.

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LILES C. BURKE
UNITED STATES DISTRICT JUDGE

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