Smith v. Riley et al

Filing 91

MEMORANDUM OF OPINION-re: R&R 87 . The court is of the opinion that the Magistrate Judge's Report is due to be and is hereby ADOPTED and his Recommendation is ACCEPTED. The court EXPRESSLY FINDS that there are no genuine issues of material fact and that Dfts are entitled to judgment as a matter of law. Signed by Judge R David Proctor on 3/14/2013. (AVC)

FILED
2013 Mar-14 AM 09:41
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
TONY LEE SMITH,

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Plaintiff,
v.
GOVERNOR BOB RILEY, et al.,
Defendants.

2:10-CV-2583-RDP-RRA

MEMORANDUM OF OPINION
The Magistrate Judge filed a Report and Recommendation on February 7, 2013,
recommending that Defendants' motion for summary judgment be granted and this case be dismissed
with prejudice. Plaintiff filed objections on March 4, 2013. Plaintiff objects to specific findings
of the Magistrate Judge by merely restating arguments he made in earlier documents and referring
the court to information he provided previously.
Having carefully reviewed and considered de novo all the materials in the court file, including
the Report and Recommendation and the objections filed by Plaintiff, the court is of the opinion that
the Magistrate Judge's Report is due to be and is hereby ADOPTED and his Recommendation is
ACCEPTED. The court EXPRESSLY FINDS that there are no genuine issues of material fact and
that Defendants are entitled to judgment as a matter of law. Accordingly, Defendants' motion for
summary judgment is due to be granted and this action is due to be dismissed with prejudice. A
Final Judgment will be entered.
DONE and ORDERED this

14th

day of March, 2013.

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R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE