Poole v. Felder et al

Filing 34

MEMORANDUM OPINION AND ORDER ADOPTING the Magistrate Judge's 33 REPORT AND ACCEPTING the Magistrate Judge's 33 RECOMMENDATIONS. Defendants 31 MOTION for Summary Judgment is DENIED. This matter is REFERRED to the Magistrate Judge for further proceedings. Signed by Judge James H Hancock on 6/10/2015. (JLC)

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FILED 2015 Jun-10 PM 01:16 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION RICARDO POOLE, Plaintiff, vs. VICTORRUS FELDER, Defendant. ) ) ) ) ) ) ) ) ) Case No. 2:13-cv-1265-JHH-JEO MEMORANDUM OF OPINION AND ORDER The magistrate judge filed a report on May 18, 2015, 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 all the materials in the court file, including the report and recommendation, the court is of the opinion that the magistrate judge's report (doc. 33) is due to be and hereby is ADOPTED and the recommendation is ACCEPTED. Accordingly, it is ORDERED that the defendant’s motion for summary judgment (doc. 31) is DENIED. This matter is REFERRED to the magistrate judge for further proceedings. The Clerk is DIRECTED to serve a copy of this order upon the plaintiff and upon counsel for the defendant. DONE this the 10th day of June, 2015. SENIOR UNITED STATES DISTRICT JUDGE

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