Stewart v. United States of America

Filing 54

MEMORANDUM OPINION. Signed by Judge William M Acker, Jr on 10/29/12. (KGE, )

FILED
2012 Oct-29 PM 02:30
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
WILLIAM STEWART,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.

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CIVIL ACTION NO.
09-AR-0803-S

MEMORANDUM OPINION
The court has before it:
(1)

The motion for summary judgment of defendant, United

States of America;
(2)

The report and recommendation of the magistrate judge that

the said motion be granted;
(3)

The objections of plaintiff, William Stewart, to the said

report and recommendation, upon which an oral hearing was conducted;
(4)

This court’s certification of disputed issues of state law

to the Supreme Court of Alabama, pursuant to Rule 18, Alabama Rules
of Appellate Procedure; and
(5)

The declination of the Supreme Court of Alabama to answer

any of the questions.
Upon a de novo consideration of defendant’s motion, and without
a clarifying response from the Supreme Court of Alabama as sought by
this court pursuant to the recommendation of the Eleventh Circuit in
In re: Cassell, ___ F.3d ___, 2012 W.L. 3136495, at *8 (11th Cir.
2012), this court agonizingly reaches the conclusion that the

magistrate judge, both in his rendition of the pertinent undisputed
facts, and in his conclusions of law, was correct.
the

report

and

recommendation

is

ACCEPTED,

For this reason,

the

objections

of

plaintiff are OVERRULED, and the report and recommendation is
ADOPTED as the final opinion of this court.
A final order will be entered effectuating this opinion.
DONE this 29th day of October, 2012.

_____________________________
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE