Marbury v. Young et al

Filing 30

MEMORANDUM OPINION AND ORDER DENYING 17 Special Report which is treated as a Motion for Summary Judgment. The Court is of the Opinion that the Magistrate Judge's 29 Report is hereby ADOPTED and his 29 Recommendation is ACCEPTED. This matter is REFERRED to the Magistrate Judge for further proceedings. Signed by Judge Virginia Emerson Hopkins on 6/13/2013. (JLC)

FILED
2013 Jun-13 PM 02:51
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
MITCHELL MARBURY,
Plaintiff,
vs.
CHRISTOPHER YOUNG
SAMUEL SNELSON, and
RODERICK GADSON,
Defendants.

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Case No. 2:11-cv-03652-VEH-RRA

MEMORANDUM OF OPINION AND ORDER
The magistrate judge filed a report May 23, 2013, recommending that the defendants' 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 defendants’ motion for summary judgment is DENIED. This matter is
REFERRED to the magistrate judge for further proceedings.
DONE this the 13th day of June, 2013.

VIRGINIA EMERSON HOPKINS
United States District Judge