Harris v. Alabama Department of Corrections et al

Filing 45

MEMORANDUM OPINION AND ORDER adopting report and accepting recommendation, dft's motion for summary judgment is DENIED; this matter is REFERRED to the magistrate judge for further proceedings. Signed by Judge Inge P Johnson on 6/11/12. (ASL)

FILED
2012 Jun-11 AM 11:05
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
WILLIAM HENRY HARRIS, Jr.,
Plaintiff,
vs.
OFFICER HAYWOOD,
Defendant.

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Case No. 2:10-cv-01333-IPJ-PWG

MEMORANDUM OF OPINION AND ORDER
The magistrate judge filed a report May 16, 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 fifteen 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 motion for summary judgment is DENIED. This matter is
REFERRED to the magistrate judge for further proceedings.
DONE this the 11th day of June 2012.

INGE PRYTZ JOHNSON
U.S. DISTRICT JUDGE