Struggs v. Birmingham, City of et al

Filing 19

MEMORANDUM OPINION; The Court is of the Opinion that the Magistrate Judge's 17 Report is hereby ADOPTED and his 17 Recommendation is ACCEPTED. Signed by Judge Virginia Emerson Hopkins on 2/24/2015. (JLC)

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FILED 2015 Feb-24 PM 12:54 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION DONALD STRUGGS, Plaintiff, v. CITY OF BIRMINGHAM, et al, Defendants. ) ) ) ) ) Case No.: 2:13-CV-338-VEH ) ) ) ) MEMORANDUM OPINION The magistrate judge filed a report and recommendation on January7, 2015, recommending that the defendants' motion for summary judgment (doc. 11) be granted and this cause be dismissed with prejudice (doc. 17). No objections have been filed by any party. 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 is hereby ADOPTED and his recommendation is ACCEPTED. The Court EXPRESSLY FINDS that there are no genuine issues of material fact and that the 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 this the 24th day of February, 2015. VIRGINIA EMERSON HOPKINS United States District Judge 2

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