Puryear v. North Courtland Police Dept. et al

Filing 39

MEMORANDUM OF OPINION AND ORDER-re:R&R 38 . The court is of the opinion that the magistrate judge's report is due to be and hereby is ADOPTED and the recommendation is ACCEPTED. It is ORDERED that the dft'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 9/26/2013. (AVC)

FILED
2013 Sep-26 AM 09:18
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
CARL EDWARD PURYEAR,
Plaintiff,
vs.
OFFICER BRANDON SHANE MUNDY,
Defendant.

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Case No. 2:11-cv-02600-RBP-JEO

MEMORANDUM OF OPINION AND ORDER
The magistrate judge filed a report on August 30, 2013, 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 days, there
has been no response to the report and recommendation.
Having carefully reviewed and considered de novo the report and recommendation of the
magistrate judge, 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 26th day of September, 2013.

ROBERT B. PROPST
SENIOR UNITED STATES DISTRICT JUDGE