Jemison v. Wise

Filing 51

MEMORANDUM OPINION AND ORDER. Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the court is of the opinion that the magistrate judge's report is due to be and hereby is ADOPTED and his recommendation is ACCEPTED. Accordingly, it is ORDERED that the defendant's motion for summary judgment is DENIED. This matter is REFERRED to the magistrate judge for further proceedings. Signed by Judge Robert B Propst on 7/16/2012. ** copy provided to pro se pltf by US Mail, this date. (FNC)

FILED
2012 Jul-16 AM 07:28
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
BERNARD JEMISON,
Plaintiff
vs.
WARDEN DAVID WISE,
Defendant

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Case No. 2:09-cv-00961-RBP-HGD

MEMORANDUM OF OPINION AND ORDER
The magistrate judge filed a report on April 10, 2012, recommending that the
defendant’s special report be treated as a motion for summary judgment and, as such,
that it be denied. Although the parties were advised of their right to file specific
written objections within fourteen (14) days, there has been no response to the report
and recommendation.
Having carefully reviewed and considered de novo all the materials in the court
file, including the report and recommendation, the court is of the opinion that the
magistrate judge’s report is due to be and hereby is ADOPTED and his
recommendation is ACCEPTED. Accordingly, it is ORDERED that the defendant’s

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motion for summary judgment is DENIED. This matter is REFERRED to the
magistrate judge for further proceedings.
DONE this 16th day of July, 2012.

ROBERT B. PROPST
SENIOR UNITED STATES DISTRICT JUDGE

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