Fanning v. Cunningham

Filing 17

MEMORANDUM OPINION. Signed by Judge Sharon Lovelace Blackburn on 11/30/15. (SMH)

FILED
2015 Dec-01 AM 08:57
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
DUANE FANNING, III,
Plaintiff
vs.
RICKEY CUNNINGHAM, et al.,
Defendants

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Case No. 2:13-cv-01988-SLB-HGD

MEMORANDUM OF OPINION
The magistrate judge filed a report on October 8, 2015, recommending that the
defendants’ special report be treated as a motion for summary judgment and, as such,
that it be granted and this action dismissed with prejudice. (Doc. 16). 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 hereby is ADOPTED and the
recommendation is ACCEPTED. The Court EXPRESSLY FINDS that there are no
genuine issues of material fact and the defendants are entitled to judgment as a matter
of law. Accordingly, the defendants’ motion for summary judgment is due to be
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GRANTED and this action is due to be DISMISSED WITH PREJUDICE. A Final
Judgment will be entered contemporaneously herewith.
DATED this 30th day of November, 2015.

SHARON LOVELACE BLACKBURN
SENIOR UNITED STATES DISTRICT JUDGE

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