Stewart v. United States of America
MEMORANDUM OPINION. Signed by Judge William M Acker, Jr on 10/29/12. (KGE, )
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
UNITED STATES OF AMERICA,
CIVIL ACTION NO.
The court has before it:
The motion for summary judgment of defendant, United
States of America;
The report and recommendation of the magistrate judge that
the said motion be granted;
The objections of plaintiff, William Stewart, to the said
report and recommendation, upon which an oral hearing was conducted;
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
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.
For this reason,
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
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